LAWS(SC)-2002-10-20

RAJESHEKAR BASAVARAJ PATIL Vs. SUBASH KALLUR

Decided On October 08, 2002
RAJESHEKAR BASAVARAJ PATIL Appellant
V/S
SUBASH KALLUR Respondents

JUDGEMENT

(1.) This is an appeal under Section 116A of the Representation of the People Act, 1951 (for short 'the Act') against the order dated 10th April, 2001 passed by the High Court of Karnataka at Bangalore dismissing Election Petition No. 13/99 filed by the present appellant challenging election of the Returned Candidate (respondent No. 1 herein) to the Humnabad seat of Karnataka Legislative Assembly Constituency No. 5. The Returned Candidate-Respondent No. 1 got 35, 438 votes as against the present appellant who got 31,868 votes.

(2.) The election of the Returned Candidate has been assailed on the sole ground that the Returned Candidate on the date of election was disqualified to contest the election as there subsisted a contract between him and the State of Karnataka for construction of Right Bank Canal under the project of Irrigation Department. The aforesaid ground of disqualification is covered by Section 100(1)(a) read with Section 9A and Section 67A of the Act. The aforesaid three Sections of the Act are reproduced hereunder for ready reference :-

(3.) The appellant's case pleaded and sought to be proved in the election Petition before the High Court was that on the date of election i.e. 5-9-1999, there existed a contract between the Returned Candidate as Class I Government Contractor with the Government of Karnataka for the construction of Right Bank Canal including C.D. works from Km. 45 to 46 Lower Mullarnari Project of the Irrigation Department. This fact is not in dispute that the tender submitted for the Contract by the respondent was accepted by the Competent Authority i.e. Chief Engineer, Irrigation Department vide his letter dated 5-11-1996. The period fixed for completion of contract was six months including the monsoon season. It is also not disputed by the respondent that even after the expiry of stipulated period of six months, respondent No. 1 executed the works under the contract up to 11-8-1999 and was paid for it. Respondent No. 1 claims to have submitted on 11-8-1999 an application to the Executive Engineer requesting that he be granted "No dues Certificate" as he intended to contest the Assembly Elections.