KARTAR SINGH BHADANA Vs. HARI SINGH NALWA

JUDGEMENT

(1.) The appellant and the respondents were candidates from the Smalkha constitutency at the general election to the Haryana Assembly held on 22nd February, 2000. The appellant secured the largest number of votes, namely 37, 174, and he was declared elected. The first respondent secured 26, 159 votes. The first respondent challenged the election of the appellant by filing an election petition in the High Court of Punjab and Haryana. He contended that at the time of scrutiny of the nomination papers the appellant held from the appropriate Government, that of the State of Haryana, five leases for the extraction of major and minor minerals and that, therefore, he was disqualified from contesting the election. The High Court upheld the contention holding that "a mining contract or a mining lease is a contract to execute a Government work on behalf of the Government and it is covered under Section 9-A of the Act," the Act being the Representation of the People Act, 1951 (hereinafter referred to as "the said Act"). The High Court set aside the election of the appellant and declared the first respondent duly elected.

(2.) The judgment and order of the High Court is under appeal by special leave. Section 9-A of the said Act reads thus:

(3.) The disqualification provision in the said Act has been amended twice. In the original Act it was provided by Section 7 that a person is disqualified "if, whether by himself or by any person or body of persons in trust for him or for his benefit or on his account, he has any share or interest in a contract for the supply of goods to, or for the execution of any works or the performance of any services undertaken by, the appropriate government." This provision was amended in 1958 and it said that a person is disqualified "if there subsists a contract entered into the course of his trade or business by him with the appropriate government for the supply of goods to, or for the execution of any works undertaken by that government." This provision was amended in 1966 and Section 9-A as quoted above was substituted.