BATESHWAR PRASAD Vs. LALITESHWAR PRASAD SHAHI

JUDGEMENT

(1.) On the 27th of February, 1962, in an election held for the Bihar Legislative Assembly from Lalgani North Constituency, Shri Bateshwar Prasad was declared to be elected. Along with Shri Bateshwar Pd. four other persons had filed nomination papers who were the ultimate contestants for the election. Thereafter, Shri Laliteshwar Prasad Shahi one of the defeated candidates filed an election petition under Sections 80 and 81 of the Representation of the People Act, 1951 (Act 43 of 1951), challenging the election of the elected candidate. The objection taken was to the effect that the election of the candidate was void, as he was disqualified for being chosen as a member of the Legislative Assembly, in view of Section 7 (d) of the Act standing in his way. The substance of the petition was to the effect that the elected candidate had entered into contracts with the State Government, which were then subsisting. It was mentioned in the election petition that Shri Bateshwar Prasad and his son, Bhupendra Nath Prasad. were the proprietors and owners of the Patna Flooring Company and they were carrying on the business of mosaic flooring and of plumbing and sanitary works, in the name and style of Messrs. Patna Flooring Company. It was alleged that Shri Bateshwar Prasad himself and through his firm named above had contracts with the Government of Bihar through the Public Works Department (Construction Division) for doing mosaic works in the Rajendra Surgi cal Block of the Patna General Hospital and the contracts were subsisting at the time of his nomination and election. It was mentioned that in connection with the above mentioned contracts, Shri Bateshwar Prasad had filed Money Suit No. 53 of 1959 in the Court of the Subordinate Judge, 1st Court, Patna against the State of Bihar, Government of Bihar, etc:, for realisation of his claim amounting to Rs. 18500/-, which suit was pending adjudication at the relevant time. I may state here that the other allegations made in the election petition are not relevant for the appeals in this Court. The prayer of Shri Laliteshwar Prasad Shahi in the election petition was that the election of Shri Bateshwar Prasad may be declared to be void and a declaration may be given that Shri Sahi had been duly elected. The substance of the case of the elected candidate, mentioned in his written statement, was that he had never entered into any contract with the Government of Bihar through the Public Works Department, for doing mosaic work in the Rajendra Surgical Block. No such contract was subsisting at the time that he had filed his nomination paper and at the time of his election. It was alleged that the contract with respect to the Rajendra Surgical Block had been entered into by one G.P. Saxena with the State of Bihar in 1951. The Government of Bihar had withheld an amount of Rs 13,579-0-4 pies from the final bill of Shri Saxena, on account of the claim of the elected candidate Upon the allegations of the parties, the following issues were framed by the Tribunal:- 1. Is the petition fit to be rejected for improper verification?

(2.) Is respondent No. 1 disqualified from being elected a member of the Bihar Legislative Assembly under Section 7 (d) of the Representation of the People Act, 1951, because of the alleged contract with the State of Bihar on the relevant date?

(3.) Were the nomination papers of respondent Nos. 2 to 4 improperly accepted on the ground of their alleged disqualification under Section 7 (d) of the Representation of the People Act, 1951 and under Article 191 (1) (a) of the Constitution or India; if so, was the election materially affected by such improper or illegal acceptance? 3 (a) Whether the petitioner is estopped from challenging the election of respondent No. 1 to the Bihar Legislative Assembly?