SEWARAM Vs. SABARAN SINGH

JUDGEMENT

(1.) ELECTION for the Morena Legislative Assembly Constituency in State of Madhya Pradesh was held on 27.2.1990. Sewaram, the appellant before us having secured 25,509 votes was declared elected. Sobaran Singh, the respondent in this appeal being one of the defeated candidates having secured 19,055 votes filed an Election Petition under section 80 and 84 read with section 100 of the Representation of the People Act of 1951 (hereinafter referred to as 'the Act') challenging the election of Sewaram. The ground for challenge was based on the allegation that on the date of filing the nomination paper on 1.2.1990 and declaration of the result of the election on 28.2.1990, Sewaram was having contracts entered with the Madhya Pradesh Government subsisting and as such he was disqualified under section 9 -A of the Act. The details of the subsisting contracts with the Government were given as under in paragraph 4 of the Election Petition:

(2.) SEWARAM filed a reply to the Election Petition and denied that the alleged contracts mentioned in para 4 (a) and (b) of the petition with the M.P. Audyogik Kendra Vikas Nigam (Gwalior) Ltd., (in short 'MPAKVN') are the contracts/works undertaken by the Madhya Pradesh Government. It was submitted that the said Nigam is a Limited Company incorporated under the Companies Act, 1956 and as such is an independent and sovereign body corporate with perpetual succession, seal and power to hold and manage its own property. It was, therefore, denied that the Industries Department of the Government of Madhya Pradesh was the real owner of the said Company. As such, it was also denied that the contracts with the said Company can be termed as contracts with the appropriate Government, in terms of section 9 -A of the Act.

(3.) THIS business was carried on in his individual capacity upto 31.3.1988. On 1.4.1988, he entered into a partnership for his work contracts with the Indian Railways at Kolaras by duly executing a deed of partnership. The firm was named as "M/s Sewaram Gupta". II was also submitted in the reply that on 1.4.1989 he put his work/contract with the M.P. PWD National Highways, Gwalior and the first contract with MPAKVN, in the aforesaid firm M/s Sewaram Gupta. The second contract with MPAKVN was also put in the aforesaid firm of M/s Sewaram Gupta on 24.10.1989. The work/business of the aforesaid three contracts was carried on by the said partnership firm through him.