Parmeshvvar Dayal, J. - (1.) This is an Election Petition, filed by Sri B. C. Saxena, challenging the validity of the election of the respondent No. 1, Dr. Hari Krishna Awasthi alias Dr. H.K. Awasthi from the Lucknow Division Graduates Constituency.
(2.) A notice under Rule 3 of the Conduct of Election Rules, 1961 was published on 29-3-1984 by the respondent No. 2 for an election to a Member to the U.P. Legislative Council from the aforesaid Constituency. The nomination papers were to be filed up to 5-4-1984. The scrutiny took place on 6-4-1984. The election was held on 29-4-1984. The petitioner B. C. Saxena happened to be a graduate and was serving as a teacher in the Lucknow Christian College, Lucknow since the year 1953. One Brij Bahadur Saxena filed objections against the nomination papers of the petitioner alleging that the petitioners, being a teacher in Lucknow Christian College, Lucknow, was holding an office of profit under the Government of State and was, therefore, disqualified for being elected as a Member of the Legislative Council of the U.P. State. The respondent No. 2. the Returning Officer, rejected the petitioner's nomination on the ground that he was holding an office of profit-
(3.) The petitioner claimed that the Lucknow Christian College, Lucknow was a minority institution, recognized by the Government of Uttar Pradesh, for purposes of Article 30 of the Constitution of India and that it was governed by Board of Governors known as Committee of Management which was the final authority for making appointments and for determining any appointment in the institution. He further claimed that it was only in the Lucknow Division that the nomination papers of the teachers of the privately managed institution were rejected on the ground that the teachers held office of profit under the State Government.;