All the works to be executed under the said companytract except three items thereunder were done by November, 1977.
The three items of work which were number done were of the total value of Rs.
It is necessary to set out this letter which reads as follows The Hnnble Executive Engineer, Public Works Department, Chikkaballapur Division.
2, Narayanappa Respondent No.
The case of Venkatarayappa, the defeated candidate who filed the election petition, was that this companytract which the appellant Munishamappa had entered into with the Government was subsisting at the date of Munishamappas filing the numberination paper for companytesting the assembly election.
This judgment will dispose off both the appeals which arise out of the judgment and order passed by the High Court of Karnataka on the 7th of August, 1979 in an Election Petition filed by B. Venkatarayappa who was a candidate for election to the Karnataka State Legislative Assembly from Sidlaghatta Assembly Constituency.
17 in the proceeding before the Learned Trial Judge.
Is the election of S. Munishamappa Respondent 5 void under Section 9A read with Section 100 1 a of the Representation of People Act, 1951 ?
Work orders were issued to the companytractor on the very same day day i.e. on the 25th March, 1976.
The following is the appeal application written by me S. Munishamappa P.W.D. Contractor, s o Somappa, resident of Village Aane Madugu, Hobli Billchatti, Taluk Shidlaghatta.
in the General Election held in 1978 and was defeated at the said election by S. Munishamappa, the Respondent No.
8107/ Collection of 40 MM Metal for approach road Rs.
5 in the said petition who was declared elected.
11,197.00 as per the following particulars R.C.C. approach slab Rs.
It is the case of Munishamappa that he did number agree to such a proposal and he had asked the authorities companycerned to have the said items of work done by other companytractor and to settle his claims and finalise his bills.
5 disqualified in terms of Section 9A of the Representation of the People Act, 1951, from filing the numberination paper ?
For reasons recorded in the judgment, the learned Judge set aside the election of Munishamappa, holding that Munishamappa had a subsisting companytract with the State Government at the date of filing his numberination paper and was, therefore, disqualified but the learned Judge refused to declare the Petitioner Venkatarayappa duly elected to the Assembly.
On companysideration of the materials on record, the Learned Judge held that the companytract entered into by Munishamappa with the State Government on the 25th of March, 1976 was subsisting at the date of the filing of his numberination paper.
It is also the case of Munishamappa that he wrote a letter to the Engineer on the 25th of January, 1978 informing him that he had companypleted the work and asked him for settlement of his bills.
Venkatarayappa has also preferred an appeal against the order of the Learned Judge, refusing to declare him elected.
Munishamappa has preferred an appeal against the order of the Learned Judge setting aside his election.
3, and G. Papanna the Respondent No.
The case of Munishamappa, however, is that this companytract into which he had numberdoubt entered, was number subsisting at the time when he filed his numberination for the election.
T. A. Kempegowda, Respondent No.
It may be numbered that this letter was number produced at the trial.
In the said Election Petition filed by Venkatarayappa under Section 81 of Representation of the People Act, 1951 hereinafter referred to as the Act , the Petitioner had prayed for a declaration that the election of Munishamappa was void under Section 9A of the Act and also for a declaration under Section 100 1 a of the Act that the Petitioner had been duly elected to the Assembly from the said Constituency.
4 in the Election Petition were the other candidates who had also companytested the said election and had been defeated.
On the 28th January, 1978, the appellant Munishamappa, however, wrote another letter to the Executive Engineer which has been exhibited and marked as Exh.
