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PETITIONER: M. RAMAPPA
Vs.
RESPONDENT: SANGAPPA AND OTHERS
DATE OF JUDGMENT: 21/08/1958
BENCH: SARKAR, A.K. BENCH: SARKAR, A.K. AIYYAR, T.L. VENKATARAMA GAJENDRAGADKAR, P.B.
CITATION: 1958 AIR 937 1959 SCR 1167
ACT: Election Dispute-Disqualification for being chosen as member of State Assembly-Hereditary village office-Whether office of Profit under the Government-Mysore Village Offices Act, 1908 (Mysore 4 of 1908), ss. 6, 7, 8-Representation of the People Act, 1951 (43 of 1951) s. 100(1)(c)-Constitution of India, Art. 191.
HEADNOTE: The nomination papers of three candidates for election as members of the State Assembly were rejected by the Returning 1168 Officer on the ground that the first two of them were Patels and the third, a Shanbhog, of their villages and as such they were holders of offices of profit under the Government and consequentlydisqualified from membership of the State Assembly underArt. 191 of the Constitution of India. The validity of the election was challenged by some of the electors of the constituency by an election petition under s. 100(1)(c) of the Representation of the People Act, 1951, on the ground that the nomination papers of the three candidates were wrongly rejected. It was contended for the petitioners that the candidates in question were not holders of offices of profit under the Gove...