S. J. Imam, J. - (1.) The appellant and the respondent No. 1 were, amongst others, candidates for election to the Orissa Legislative Assembly from the Daspalla double-member constituency in which a seat was reserved for a scheduled caste candidate. We are not concerned with the election of the scheduled caste candidate. For the general seat the election was contested by the appellant, respondent No.1 and respondent No. 3. The appellant obtained 17,700 votes, respondent No. 1 15,568 votes and respondent No. 3 3,589 votes. The election was held on February 27, 1957 and the appellant was declared elected on March 5, 1957.
(2.) Respondent No. 1 filed an election petition questioning, on various grounds, the election of the appellant. The Election Tribunal dismissed the petition holding that no funds had been established to invalidate the election. Respondent No. 1 appealed to the High Court of Orissa against the order of the Election Tribunal.
(3.) One of the grounds, amongst the many grounds, taken by respondent No. 1 to invalidate the election of the appellant was at the nomination of respondent No. 3 was improperly accepted as he was disqualified from contesting the election being a Sarbarakar of the 10 villages in the district of Nayagarh mentioned in the schedule to the petition. The High Court held that the office of Sarbarakar was an office of profit under the State Government of Orissa, Respondent No. 3 was accordingly disqualified from being a member of the Assembly. It, however, held that the acceptance of the nomination of respondent No. 3 had not materially affected the election of the returned candidate under cl. (d) of sub-s. (1) of s. 100 of the Representation of the People Act, 1951, hereinafter referred to as the Act.;