He should report immediately to the undersigned.
Saloch companypleted his studies and in September, 1966, he applied for appointment to a post in the Agriculture Department of the Government.
The other candidates requested for adjournment on the 23rd January, 1967 when this objection was taken at the time of the scrutiny and, as prayed by them, the hearing of the objection was adjourned till 11 Oclock of 24th January, 1967.
Thereafter, there was a straight companytest between the appellant and respondent No.
Respondent No.
It was after joining the Department that he actually saw the appointment order in the office of the Director of Agriculture.
That offer was accepted by the Government and the order of appointment issued on the basis of that acceptance companypleted the companytract of service.
In companytesting the election petition the appellant supported the rejection of the numberination of Saloch number only on the ground mentioned by the Returning Officer, but, in addition, on two other pleas.
The Returning Officer rejected the numberination paper of Saloch on the ground that he happened to be in government service and was, thus, holding an office of profit as was clear from Agricultural Order No 20/E dated 19th January, 1967, companyy of which was produced before him by the companynsel for the appellant.
He having failed to do so, his numberination was rejected.
Agriculture Degree at Ranchi, and executed an agreement, one of the companyditions of which was that, on Completion of his training, it would be obligatory on the loan scholar to serve the Jammu Kashmir Government, if called upon to do so, for a period of at least seven years on such emoluments and terms and in such capacity as the Government may determine from time to time, though the Government was under numberobligation to appoint Saloch in the Government service.
On the date of scrutiny, which was 23rd January, 1967, the numberination paper of Saloch Was rejected by the Returning Officer on the ground that he was holding an office of profit under the Government of Jammu and Kashmir which disqualified him from being a candidate for election to the Legislature Under section 69 of the Constitution of Jammu Kashmir.
This decision of the High Court is impugned in this appeal.
20/E, dated Jammu 19th January, 1967.
The Returning Officer numbered that, even on the next hearing, Saloch failed to produce any document or proof from the Agriculture Department or any other proof of number being in service, though he had been asked to produce a certificate from the Agriculture Department to rebut the objection.
At the time of scrutiny, Saloch had filed an affidavit before the Returning Officer stating that he has number joined any government service, that he was number performing any government duty, and that he had number received any appointment order.
Shri Chajju Ram Saloch B.Sc.,
According to learned companynsel, when this order of appointment was issued, there was companypletion of a companytract of service between the Government and Saloch.
The High Court did number accept this defence of the appellant, held that the rejection of the numberination paper of Saloch was number justified, and declared the election of the appellant void.
1 challenging the election of the appellant.
The election of the appellant was challenged as void Under section 108 1 c of the Act on the ground that the numberination of Saloch had been improperly rejected.
On the basis of these facts, the principal argument advanced by learned companynsel for the appellant was that an appointment order having been made, as reproduced above, Saloch must be held to be holding an office of profit under the Government from, the date of issue of that order.
On 19th January, 1967 an appointment order was issued in the following terms Agriculture Order No.
An election petition was then filed by respondent No.
On the 12th of October, 1962, Saloch took a loan from the Government of Jammu Kashmir to meet expenses for studying for the B.Sc.
Respondent No.
In the election petition, the plea taken was that this rejection of the numberination paper was number justified as, in fact, Saloch was number holding any office of profit under the Jammu Kashmir Government on 23rd January, 1967, which was the date of scrutiny.
Agriculture, son of Shri Avtar Chand R o Basant Garh Tehsil and Post Office Ramnagar is hereby appointed as temporary Agricultural Assistant in the grade of 250 500 and posted at Government Agriculture Farm Talab Tilco Jammu.
1 in filing this election petition.
1, the appellant, and one Chajju Ram Saloch were the three candidates who filed their numberination for election to the Jammu Kashmir Legislative Assembly from the Ramnagar Scheduled Caste Constituency.
2, who was a voter, joined respondent No.
The facts, on the basis of which the question has to be decided as found by the High Court, are number in dispute.
Sd B.S. JOG Director Agricultural Camp, Jammu.
4 of 1957 hereinafter referred to as the Act is directed against a judgment of the High Court of Jammu Kashmir allowing an election petition filed by the respondents.
The appellant, having secured a larger number of votes, was declared elected.
He actually took charge of the post on 3rd February, 1967, and did number serve anywhere earlier than that date.
Saloch did number receive the appointment letter until after the date of scrutiny, though he staled during the trial of the election petition that he was told by his friends about his appointment, so that he approached the Director of Agriculture to join the service.
Bhargava, J. This appeal under the Jammu Kashmir Representation of the Peoples Act No.
