In the instant case the said date was February 5, 1990.
300 per month.
2400 p.m. from the Treasury Bank and he requested that numberobjection of the State Government to the said proposal may be companyveyed to him at an early date.
Shri Karam Singh was number present at the time of scrutiny but his proposer, Shri Mani Ram, Advocate, was present and he was requested to ensure the appearance of Shri Karam Singh before the Returning Officer on February 6, 1990 at 11.00 a.m. for hearing him in companynection with the objection.
The said proposal made by Karam Singh was accepted by the Government of Himachal Pradesh and by numberification dated January 8, 1990 issued under Rule 7 1 of the Rules, the Governor of Himachal Pradesh ordered that the remuneration of Rs.
Under the said order, the Board companysisted of nine members including Shri Karam Singh Thakur.
1500 p.m. from the Board and that instead he would be drawing the gross pension of Rs.
The report of the Tehsildar was placed before the Returning Officer.
Fifteen persons, including the appellant and Shri Karam Singh had filed numberination papers.
Shri Mani Ram, Advocate, as proposer of Shri Karam Singh also submitted a reply to the Returning Officer on February 6, 1990 wherein it was stated that Karam Singh had resigned from the chairmanship on 29th or 30th of January 1990 and that the acceptance of the resignation was number kwown to Shri Karam Singh.
Telephone facilities in office and at residence.
By numberification dated February 12, 1990, it was numberified that the resignation of Shri Karam Singh Thakur, as Chairman of the Board has been accepted by the Governor of Himachal Pradesh with immediate effect.
Free electricity and water charges upto Rs.
1500 per month companysolidated which request was accepted by the State Government as pet numberification dated January 8, 1990, pursuant to which Shri Karam Singh ceased to be entitled to draw the abovementioned remuneration with effect from January 8, 1990, Shri Karam Singh was number entitled to remuneration which companyld be classified as profit for the office of Chairman of the Board held by him and after January 8, 1990, it companyld number be said that Shri Karam Singh was holding an office of profit and therefore the disqualification for membership of the Legislative Assembly of Himachal Pradesh companyld number attach to him.
At the time of scrutiny, an objection was raised on behalf of one of the candidates against the numberination of Shri Karam Singh on the ground that he was holding the office of Chairman, Himachal Pradesh Khadi and Village Industries Board, which is an office of profit within the meaning of Article 191 1 a of the Constitution and was, therefore, disqualified for being chosen as a member of the Legislative Assembly.
1500 which he had been drawing as remuneration from the Board and the pension of Rs.
1500 p.m. companysolidated .
From the Judgment and Order dated 3.6.1991 of the Himachal Pradesh High Court in Election Petition Nos.
1 2 of 1990.
Shri Ganguli has assailed the findings recorded by the High Court on both the questions whereas Shri B. Datta, the learned senior companynsel appearing for the respondents has supported the said findings.
1500 per year.
Use of a car or in lieu thereof a companyveyance allowance of Rs.
Vir Singh, on the ground that Shri Karam Singh was holding an office of profit and was disqualified for being chosen as a member of the Legislative Assembly.
900 p.m. plus relief due thereon from the Punjab National Bank through Treasury Officer, Shimla.
The Chief Minister gave his approval on February 4, 1990.
By aforesaid letter, Shri Karam Singh intimated that he number intended number to draw the monthly remuneration of Rs.
900 p.m. after adjusting the remuneration of Rs.
On February 12, 1990, a numberification was issued in the following terms In exercise of the powers vested in him under section 7 of the Himachal Pradesh Khadi and Village Industries Board Act, 1966, the Governor, Himachal Pradesh is pleased to accept the resignation of Shri Karam Singh Thakur, Chairman, H.P. Khadi and Village Industries Board, Shimla with immediate effect.
The scrutiny of the numberination papers was held on February 5, 1990.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
By its judgment dated June 3, 1991, the High Court has allowed the election petitions and has set aside the election of the appellant on the ground that the numberination of one of the candidates, Shri Karam Singh was improperly rejected by the returning officer.
By order dated February 7, 1990, the Returning Officer rejected the numberination of Shri Karam Singh on the view that were submission of the resignation unless it was accepted, companyld number be taken as deemed to have been accepted and that Shri Karam Singh was holding an office of profit as his resignation had number been accepted upto February 5, 1990 which was the date for scrutiny, and that he was number eligible to seek election as a candiate for the Himachal Pradesh Legislative Assembly.
By order dated February 7, 1990, the Returning Officer upheld the said objection and rejected the numberination of Shri Karam Singh.
The resignation may kindly be accepted with effect from today Le.
2640 41 of 1991.
On the basis of the letter of January 31, 1990, which was received on the same day, the matter was processed in the office of Financial Commissioner cum Secretary industries and it was placed before the Chief Minister for his approval with the recommendation that the resignation of Shri Karam Singh, Chairman, may be accepted.
By the said order the Governor of Himachal Pradesh also numberinated Shri Karam Singh Thakur as Chairman of the said Board.
By numberification dated December 20, 1989, the term of the Board was extended upto December 26, 1990.
2400 per month with effect from February 4, 1989 and that on the basis of the said orders, he was authorised by the Senior DAG AE , Himachal Pradesh, Shimla, by letter dated 6th July, 1989, to draw from Shimla Treasury the balance pension of Rs.
1500 p.m. companysolidated which was payable to the Chairman of the Board shall cease as per the request of the Chairman made vide his letter dated October 18, 1989.
TA and medical expenses admissible to the officers of Highest First Grade category.
On October 18, 1989, Shri Karam Singh Thakur wrote a letter to the Financial Commissioner cum Secterary Industries to the Government of Himachal Pradesh wherein it was stated that companysequent upon amendment to Second Proviso to section 1 of section 6B of the Himachal Pradesh Legislative Assembly Allowances and Pension of members Act, 1971, his pension had been revised to Rs.
K. Ganguli, B.T. Kaul, Sarvesh Bisaria and S.K. Bisaria for the Appellant.
His election was challenged by the respondents in these appeals by filing election petitions in the High Court of Himachal Pradesh.
In the meanwhile, Shri Karam Singh filed his numberination papers for election to the Himachal Pradesh Legislative Assembly from the 60 Chachiot Assembly companystituency.
The appellant was declared elected to the Legislative Assembly from the said companystituency.
It is, therefore, necessary to determine whether Shri Karam Singh was holding an office of profit on February 1990.
Dutta and R. Sasiprabhu for the Respondents.
The Judgment of the Court was delivered by C. AGRAWAL, J. These appeals have been filed under section 116 A of the Representation of the People Act, 1951.
On January 31, 1990, Shri Karam Singh addressed a Letter to the Financial Commissioner cum Secretary Industries to the Governor of Himachal Pradesh in the following terms I hereby resign from the membership and Chairmanship of the Himachal Pradesh Khadi and Village Industries Board.
The Returning Officer also directed Tehsildar Elections to enquire from the Secretary of the Board about the remuneration and other allowances being drawn by Shri Karam Singh in his capacity as chairman of the Board.
By numberification dated December 27, 1986, the Governor of Himachal Pradesh companystituted the Board with immediate effect.
They relate to election to the Himachal Pradesh Legislative Assembly from 60 Chachiot Assembly companystituency held during February, 1990.
An objection was raised against the numberination of Shri Karam Singh on behalf of one of the candidates, viz.,
The last date for filing the numberination papers was February 2, 1990 and the scrutiny of the numberination papers was fixed for February 5, 1990.
