LOKANATH PADHAN Vs. BIRENDRA KUMAR SAHU

JUDGEMENT

(1.) THIS application under Section 100 (1) of the Representation of the People Act, 1951 (hereinafter referred to as me Act) seeks to challenge the election of the respondent to the Orissa Legislative Assembly from the Melchhamunda constituency of the district of Sambalpur.

(2.) THE last date for filing of nomination papers was 7-2-1971. Nomination papers were scrutinised on 9-2-1971. Objection was raised to the acceptance of the nomination paper of the respondent on the ground that he was disqualified under section 9-A of the Act. The Returning Officer overruled the objection and accepted the nomination paper of the respondent. Election was held on 5-3-1971 and the result of election was announced on 11-3-1971 declaring the respondent as duly elected. The election petition was Bled on 20-4-1971 challenging the election of the respondent on the ground that he was disqualified from being chosen as a member of the Legislative Assembly.

(3.) IN paragraph 2 of the election petition it has been stated that on the date of nomination the respondent had subsisting contracts with the Government of Orissa in respect of the following works executed within the Gaisilet Panchayat Samiti:--