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5. Per Contra, it is contended by learned counsel for the election petitioner who argued in person that the petitioner was disqualified in terms of Section 9 of Act of 1951 because he was a person who has been dismissed for corruption or disloyalty to the State and that dismissal took place in the year 2020 more particularly by order dated 03.03.2020 and this disqualification would be removed only in March, 2025 whereas the nomination in question took place in April, 2024 i.e. within the disqualification period. The election petitioner relies on Section 9(1) of The Representation of People Act , 1951 which reads as under:-

9. Disqualification for dismissal for corruption or disloyalty.--(1) A person who having held an office under the Government of India or under the Government of any State has been dismissed for corruption or for disloyalty to the State shall be disqualified for a period of five years from the date of such dismissal.

(2) For the purposes of sub-section (1), a certificate issued by the Election Commission to the effect that a person having held office under the Government of India or under the Government of a State, has or has not been dismissed for corruption or for disloyalty to the State shall be conclusive proof of that fact:

11. The petition, thus is filed on the three grounds that the returned candidate is disqualified under Section 9 of the Act 1951 being person who having held an office under the Government of India or under the Government of any State has been dismissed for corruption or for disloyalty to the State and thus, was disqualified for a period of five years from the date of such dismissal. Further, that the said disqualification was suppressed by him in the nomination form and the affidavit. Thirdly, that the Asstt. Returning Officer despite being incompetent to do so, wrongfully rejected the objections of a third person, namely Shri Luv Joshi.

12. All the aforesaid allegations are founded on Section 9 (1) of the Act of 1951 that states as under :-

9. Disqualification for dismissal for corruption or disloyalty.--(1) A person who having held an office under the Government of India or under the Government of any State has been dismissed for corruption or for disloyalty to the State shall be disqualified for a period of five years from the date of such dismissal.