CHENNUPATI RAMAKOTAYYA Vs. MYHENI LAKSHMANASWAMY

JUDGEMENT

(1.) The question we are called upon to answer in this enquiry is whether a contract entered into with the Andhra Pradesh Mining Corporation (hereinafter referred to as the Corporation) for certain purposes is tantamount to a contract with the Government of Andhra Pradesh within the meaning of Section 7(d) of the Representation of the People Act, 1951.

(2.) The facts leading upto this appeal lie in a short compass and may be stated thus. In the last general elections, the appellant and respondents. 1 and 2 sought election to the Legislative Assembly of the Andhra Pradesh State from the Kankipad Constituency of Krishna District. Having secured the largest number of votes, the appellant was declared elected to the Legislative Assembly.

(3.) Questioning the validity of his election, the first respondent filed an election petition Under Section 80, the chief ground of attack being that the appellant had incurred a disqualification Under Section 7(d) by reason of the firm of which he is a partner having entered into a contract with the above-mentioned Corporation for raising iron ore from the mines and for transporting the same" by road or canal and for stevedoring the said mineral. There are also other allegations in the election petition but we are unconcerned with them, as the Election Tribunal held that they were not established and that conclusion is not canvassed before us.