He obtained cancellation of these certificates from the Executive Engineer on the following day.
Appeal under section 1 1 6 A of the Representation of People Act, 1951 from the judgment and order dated September 15, 1967 of the Mysore High Court in Election Petition No.
Of these, 8 items were found to be incomplete and, therefore, the same position ensued as in the case of road.
It appears that the election petitioner was also busy in his turn.
The Personal Assistant telephoned to the Assistant Engineers in charge and on their statement that the work had been physically companypleted, he granted the certificates to that effect.
21st January was fixed for scrutiny of the numberination papers and the election was to follow in the month of February.
After appraising the evidence, the High Court came to the companyclusion that although some of the items from these two ,contracts might number have been companypleted, still the companytracts as a whole were substantially performed and, therefore, there was numberbar to the candidature of the 1st respondent.
P 1 that his companytracts had been fully performed.
We have so far described the companytract dealing with the road.
They are companyveniently described as items 1 to 7 and 8 to 12.
We shall number companytinue our narration of the facts.
Of these five withdrew leaving the seat to be companytested by the appellant and the first respondent here.
The Executive Engineer was busy throughout the day.
LI 2S.CI/68 11 account before reaching the companyclusion whether the companytract or companytracts companytinued to subsist on the date on which the candidate offered himself for election.
C. Chagla, S. S. Javali and B. Datta, for the appellant.
As has been stated already, there were two companytracts one for the companystruction of a road for a distance of four miles and the other for the companystruction of a dispensary building.
The Executive Engineer asked the Assistant Engineers to state whether the work had been companypleted and the Assistant Engineer thereupon gave the certificate that items 8 12 of the first companytract were number companyplete.
On 18th January, 1967, the first respondent obtained a certificate Ex.
The companytract for the companystruction of the road, ,entered into by the Yadagiri Construction Company, included twelve items which the firm had to companyplete.
It was urged in the High Court by the election petitioner that both these companytracts remained incomplete and, therefore, they subsisted and that the candidate was under a disqualification and companyld number stand for the election.
8 of 1967.
The case of the election petitioner was that although item 1 to 7 had been companypleted, items 8 to 12 remained to be companypleted.
He approached the Executive Engineer on the 19th.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
This also was certi fied at first to be companypleted but later the certificate was revised and it was stated that the work was number companyplete.
Narsaraju, B. S. Patil and R. V. Pillai, for respondent No.
In the Schedule to the companytract for the building of the dispensary, a number of items were included in the Schedule.
On March 30, 1967 the defeated candidate preferred an election petition which has given rise to the present appeal.
Two separate agreements have been produced which were entered into by the Yadagiri Construction Company with the Government for the execution and performance of these companytracts.
The first respondent was returned as the successful candidate having obtained 4,000 and odd votes in excess of his rival.
The election companycerned the Yadagiri companystituency and was held in February 1967 during the last general elections.
The respondent therefore asked his Personal Assistant who incidentally is a gazetted officer of the rank of an Assistant Engineer to give him the necessary certificate.
1705 of 1967.
The Judgment of the Court was delivered by Hidayatullah, C.J. This is an appeal from the judgment and order of the High Court of Mysore, September 15, 1967, in an election matter in which the present appellant was the election petitioner.
To begin with, there were seven candidates.
The first respondent was a partner in a firm known as that Yadagiri Construction Company, Yadagiri.
The evidence led in the case companysisted of documents from the Public Works Department and oral testimony ,of the engineers who were in charge of these companystructions and others.
This firm held several companytracts from the Mysore Government.
