Jagdish Sahai, J. - (1.) This is a petition under Article 226 of the Constitution of India and is directed against the order passed by the Election Tribunal (Civil Judge), Aligarh on 20.2.1963, dismissing the election field by the petitioner Radha Krishna Visharad (hereinafter referred to as the petitioner). The petitioner and respondent Nos. 2 to 6 filed their nomination papers for election to the office of the Parmukh of the Kshetra Samiti Gonda, district Aligarh in the last general elections. The petitioner's nomination was rejected at the scrutiny. In a contest, which was held subsequently, between the respondents Nos. 2 to 6 the respondent No. 2 emerged out successful. The petitioner filed an election petition challenging the validity of the election of the respondent No. 2 before the District Judge, Aligarh. This application was transferred for disposal to the Civil Judge of the same place. The main question before the learned Civil Judge was whether the Returning Officer was correct in rejecting the nomination paper of the petitioner on the ground that he was disqualified from being elected to the office of the Parmukh by virtue of the provisions of Section 13 (c) of the Kshetra Samiti and Zila Parishad Act (hereinafter referred to as the Act).
(2.) The learned Civil Judge framed the following six issues:- 1. Whether there has been an illegal and improper rejection of the nomination paper of the petitioner as alleged? 2. Whether there has been an illegal and improper acceptance of the nomination papers of the respondents 3 and4? If so, its effect. 3. Whether the petition is bad in law according to Rule 36(2) of the rules as alleged? 4. Whether the petition is liable to fail under Rule 36(1) of the Rules as alleged? 5. Whether the election is void and illegal as alleged in para (1) of the summary? 6. To what relief, if any, is that petitioner entitled? The learned Civil Judge answered the issues Nos. 3, 4 and 5 in favour of the petitioner and against the respondents and we are not concerned with the questions covered by those issues. On issue No. 2 the learned Civil Judge recorded the finding that the respondent Nos. 3 and 4 are not disqualified and their nomination papers have not been illegally and improperly accepted. No one has challenged before us this finding also.
(3.) The entire submission before us has been confined to the question covered by issue No. 1. The petitioner is admittedly a lecturer in the Jawahar Inter College Iglas in the district of Aligarh. It is also a matter of admission that the said College receives a grant in aid from the State Government and to the institution are applicable the provisions of the U.P. Intermediate Act of 1921 (U.P. Act No. II of 1921) herein below referred to as the Education Act.;