RANJEET SINGH Vs. HARMOHINDER SINGH PRADHAN

JUDGEMENT

(1.) This appeal calls in question the judgment and order of the High Court of Punjab and Haryana in Election Petition No. 7 of 1997 decided on 29/09/1997. The appeal arises in the following circumstances.

(2.) The appellant contested the election to 54 Rajkot Assembly Constituency in the general elections to the Punjab Legislative Assembly held on 7/02/1997. The respondent a candidate of the Indian National Congress, was declared elected. After the declaration of the result of the elections on 10/02/1997, the appellant filed an election petition in the High Court alleging that the respondent was disqualified from contesting the election to the Punjab Legislative Assembly under Section 9-A of the Representation of People Act, 1951 (hereinafter referred to as "the Act") as on the date of the filing of the nomination paper as well as on the date of the scrutiny of the nomination paper, the respondent had a subsisting contract, for the sale of liquor, with the Punjab Government, which he had obtained in partnership with others at the auction held for the year 1996-97. The petition was resisted by the respondent who in the written statement denied the allegations concerning his disqualification. A preliminary objection was raised that the election petition was not maintainable as the same did not disclose any factual basis to establish violation of Section 9-A of the Act. It was asserted that the election petition did not contain any allegation to the effect that the respondent had entered into a contract with the Government either for 'the supply of goods or for the execution of the works undertaken by the Government' and as such the respondent could not be said to have incurred any disqualification under Section 9-A of the Act. The respondent further pleaded that the contract for sale of liquor was not such a contract to which the provisions of Section 9-A of the Act could be attracted. Replication was filed and from the pleadings of the parties, the following issues were raised:

(3.) Whether the election of the respondent to the Punjab Assembly from 54 - Rajkot Assembly Constituency - is valid for the reasons stated in the petition OPP.