JUDGEMENT
N. A. Britto, J. -
(1.)In this election petition filed under the Representation of the people Act, 1951, the petitioner who is one of the unsuccessful candidates at the election held on 30-5-2002 for 6-Siolim Constituency in the State of Goa has challenged the election of the respondent No. 1 (respondent, for short) the returned candidate, on the ground that the latter was holding an office of profit as contemplated by Article 191 (1) (a) of the Constitution, having been the Chairman of the Goa Khadi and Village Industries Board (Board, for short) , constituted under the Goa Khadi and Village Industries Board Act, 1965 (Act, for short) , on the date of the nomination as well as on the date of election to the said Constituency.
(2.)First some undisputed facts are required to be mentioned.
(3.)By virtue of Notification No. 4/12/87-IND dated 8-12-1999, the Board was constituted by the Government and the respondent was appointed as Member/chairman for a period of three years with effect from 8-12-1999 and by another Notification dated 1-3-2000 the Board was constituted with the names of nine official as well as non-official members and the respondent as Chairman thereof which position the respondent held from 8-12-1999 till he resigned on 8/15-7-2002 after the respondent became a Minister for Agriculture on 4-6-2002.
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