PYARI MOHAN DAS Vs. DURGA SANKAR DAS

JUDGEMENT

(1.) THIS is an appeal under Section 116 (A) of the Representation of the People Act, 1951 against the order of the Election Tribunal (Additional District Judge. Balasore) dismissing the petition of the appellant praying for setting aside the election to the Orissa Legislative Assembly of respondent No. 1 Sri Durga Sankar das.

(2.) RESPONDENT No. 1 belongs to Taladi. He was elected to the Orissa Legislative assembly from the Bhograi Constituency in the election held in 1957. The appellant-petitioner and respondent No. 2 were the two defeated candidates in that election.

(3.) THE appellant filed a petition under Section 80 of the Representation of the people Act 1951 alleging that respondent No. 1 (hereinafter railed the respondent)had been working as the Assistant Public Relations Officer under the State of orissa and though the latter alleged to have submitted his resignation the same had not been accepted by the authorities and as such he is a person holding an office of profit on the day fixed for tiling nomination papers; that as an Assistant district Public Relations Officer he had been taking money from the Government to do work for the Government and the accounts thereof had not been finalised and some money was still owing to the Government; that he undertook the execution of the work of tube-wells in the year 1952-53 by a contract entered into with the government of Orissa which was subsisting till the date of nomination and as such disqualified for being chosen as a member of the Orissa Legislative Assembly not only under Article 191 of the Constitution, but also under Section 7, Sub-section (d) of the Representation of the People Act (hereinafter called the Act.)The petitioner also alleged that the respondent contravened the provisions of section 77 of the Act and that the respondent had paid gratification by way of money to several electors to vote for him and to induce other voters of the constituency tq vote for him; and consequently his election was void.