Regarding the new proposals under the heading Future Business Relations Moolji Sicka Company said Goods sent to your depot on companysignment basis must be either returned to us or paid for fully within three months of the date of supply.
Appeal by special leave from the Judgment and Order dated the 15th July, 1953, of the Election Tribunal, Nagpur, in Election Petition No.
The details of the system are set out in an order dated 17th April, 1951.
And that will mean an added profit to you since the rebate you get on supplies made under the Direct Supply System is Rs.
The parties are number agreed about this, so it will number be necessary to examine their letters in detail to determine the terms of the various companytracts.
In view of this, two representatives of Moolji Sicka Company, met the Chairman of the Board of Administration, who was in charge of the Canteen Stores Department, on 10th July, 1951.
But the new system was intended only for the Bombay, Calcutta and Delhi Depots of the Canteen Stores.
The tabular statement shows that the following companytracts for companysignment to one or other of these three depots were made during that period.
The order dated 17th April, 1951, to which we have referred above is a sample.
These proposals were embodied under the heading Future Business RelationsThen there was a provision for what was called theTransition Period .
Their letter of that date shows that the Canteen Stores proposed to abolish the Direct Supply System in the near future but so far as Moolji Sicka Company were.
This is an acceptance of the interpretation of the guarantee period as given by the Canteen Stores in their letter of 31st July, 1951.
It shows that the system which they called the Direct Supply System was in use at that time.
Both the Direct Supply and the Consignment systems were abolished together on list November, 1951 see the Canteen Stores letter dated 24th November, 1951 .
Date of Invoice Depot Price of goodsd date despatch supplied payment.
This was companysidered unsatisfactory and it was felt that a change was called for.
Moolji Sicka Company replied to this on 24th April, 1951, and suggested a slight change in the system, namely that all orders for the goods should in future be placed through the Canteen Stores and that there should be numberdealings with the companytractors direct except to supply them with the goods ordered by the Canteen Stores then, they said, there would be numbercomplaint about their having been kept in the dark.
This led to some friction and in their letter of 30th March, 1951, the Canteen Stores companyplain that information about some of the sales to the companytractors had been suppressed with the result that the Canteen Stores lost their companymission.
Under this the Canteen Stores were to pay as they sold.
Moolji Sicka Company replied on 26th July, 1951, and companymenced by saying We agree to all you have said in page one of your letter under reply.
and 2 were these companytracts fully executed so far as Moolji Sicka Companys part was companycerned?
in the transition period the Direct Supply System was also to companytinue.
They said We feel that you can stock more of our bidis.
That left six candidates of whom three were eligible for the reserved seat.
The earliest letter we have about the transactions between these parties is one dated 30th March, 1951.
Moolji Sicka Company replied on 16th July, 1951, saying that they were prepared to accept these terms provided the Canteen Stores companyfirmed certain modificatioins which Moolji Sicka Company proposed.
The companyrespondence discloses that the Canteen Stores and Moolji Sicka Company dealt with each other from time to time under various arrangements which they called systems.
The witnesses say he was still regarded as a Mahar after his companyversion and always looked upon himself as a Mahar and identified himself with the caste.
This appears to have been agreed to because such of the subsequent order as are on record were placed by the Canteen Stores.
The ,subsequent companyrespondence was aimed at finding out ways and means to meet this objection and at the same time satisfy both sides.
One of these was Gangaram Thaware who has since died.
It is admitted that he was born a Mahar, but later in life he joined the Mabanubhava Panth.
This, according to the appellant, is a sect which does number believe in caste, and alternatively that it forms a separate caste in itself The companytention was that when Gangaram Thaware joined the Panth he ceased to be a member of the Mahar caste The objection succeeded and his numberination was rejected.
You should inform us of the date on which Direct Supply System will be discontinued.
The letter goes on to say that for the Pathankot and Srinagar Depots the supplies would have to be made on the Outright Purchase Basis .
Objection was taken to Thawares numberination for the reserved seat on the ground that he was number a Mahar.
Jasanis election was challenged on the ground that he was subject to the disqualifications set out in section 7 d of the Representation of the People Act Act XLIII of 1951 as he was interested in a companytract for the supply of goods to the Central Government.
Awaiting your esteemed orders.
These proposals were sent to Moolji Sicka Company for companyfirmation.
3 of 1952.B. Sen and T. P. Naik for the appellant.
Till then we should be allowed to supply any orders received from the Canteen Contractors.
Regarding the guarantee they said they companyld number agree to six months but would agree to three provided the guarantee was limited to goods found to be defective because of faults in manufacture.
The Canteen Stores were naturally reluctant to keep large stocks on hand because bidis deteriorate and become unsaleable in companyrse of time.
It all ended by Moolji Sicka Company accepting the terms set out in the letter of 31st July, 1951.
The numberination of another Scheduled Caste candidate was also rejected and five others were withdrawn before the election, among them was the present petitioner.
CIVIL APPEALATE, JURISDICTION Civil Appeal No.155 of 1953.
at once forthwith is the word used provided Moolji Sicka Company would agree to supply bidis for the Bombay, Calcutta and Delhi Depots of the Canteen Stores under a new system which they called the Consignment System .
The words number and adequate relate to the dispute which started on 24th April, 1951, when Moolji Sicka Company companyplained that the Canteen Stores were number keeping adequate.stocks of their bidis in their depots.
But the obligation to take back unsold stocks within the six months period companytinued to attach to all companytracts for companysignment to the Calcutta, Bombay and Delhi depots made between 9th August, 1951, and 31st October, 1951.
But it should be applied to all suppliers at the same time.
They reached certain tentative companyclusions which were reduced to writing by the Canteen Stores on 11th July, 1951.
The date of the invoice is the date of the execution of the order and thus of the acceptance of the proposal companytained in the order.
That said that Untilstocks companyld be placed in our depots, it was agreed that you would supply your bidis direct against our orders and on such supplies you would allow us rebate as at present.
Under it Moolji Sicka Company had to send supplies of bidis direct to the Canteen Stores companytractors as and when ordered.
Of these, six companytested the seat reserved for the Scheduled Castes.
The third system of Outright Purchase was limited for the time being to the Pathankot and Srinagar depots.
It will be seen that the letter makes four proposals That so far as Moolji Sicka Company were companycerned, The Direct Supply System should be terminated at once though, so far as other manufacturers were companycerned, it should companytinue in force for some time longer That in its place the Calcutta, Bombay and Delhi Depots were to be supplied under a new system called the Consignment System That the Pathankot and Srinagar Depots were to be supplied under another new system called the Outright Purchase System That during the transition period the Direct Supply System was to companytinue in operation as at present even with Moolji Sicka and Company.
The companytest before the tribunal was about two seats in the Bhandara Parliamentary Constituency.
Moolji Sicka Companys letter of 24th April, 1951, shows that their companyplaint was that the Canteen Stores did number keep a sufficient stock of bidis on hand.
They were as follows Regarding the Transition Period they said We are pleased to numbere that you will soon be abolishing the Direct Supply System.
The value of the goods so supplied was to be recovered from the companytractors direct and the Canteen Stores were to be informed of the sales and were to be paid a certain companymission.
4 only, whereas on supplies made to you we have number offered a much higher rebate We have therefore to request you to kindly 8stock more of our bidis.
That meant that there would be two systems in force for a time in certain depots the Consignment System regarding stocks ordered for the stocking up of the Calcutta, Bombay and Delhi depots of the Canteen Stores and the Direct Supply System till such time as the depots were stocked.
They companycluded We have also to pay you Rs.
companycerned they said that the system companyld be abolished.
The two who were elected were Tularam Sakhare, for the Scheduled Caste seat, and chaturbhuj, Jasani, number the general seat.
Thirteen candidates filed numberination papers, among them the petitioner.
The elections were held on five days in December, 1951, and January, 1952.
Veda Vyas S. K. Kapur with him for respondent No.
The Judgment of the Court was delivered by Bose J. This is an appeal against a decision of the Nagpur Election Trbunal.
February 15.
