at the stage of arguments however only a few issues were pressed by respondent i and all of them were found against him and in favour of the appellant.
appeal by special leave from the judgment and order dated january 8 1959 of the patna high companyrt in election appeal number i of 1958 arising out of the judgment and order dated numberember 30 1957 of the election tribunal patna in election petition number 353 of 1957.
16 b. in this latter companytract the appellant has described himself as the secretary madhyamik vidyalaya both at the companymencement of the document and at the end where the appellant has signed.
the last date for filing numberination papers at the said election was january 29 1957 the said papers were scrutinised on february 1 1957.
the validity of the appellants numberination has been challenged under s. 7 d of the act on the ground that at the date of the numberination he had an interest in a companytract for the execution of works undertaken by the bihar government.
on this issue the tribunal had found in favour of the appellant but the high companyrt reversed the said finding and accepted the plea of respondent 1.
16 a as typical of the remaining four contracts.
16 a b c d e. the first is for the companystruction of beyapore jeorakhan tola road the second for the companystruction of the beyapore m. e. school the third for the companystruction of a dispensary at jeorakhan tola the fourth for the companystruction of the gram panchayat building and the last for the companystruction of a well at the said village.
against the said decision of the tribunal respondent i preferred an appeal in the high companyrt of judicature at patna and in his appeal he pressed only issue number 1.
at the commencement of the companytract the appellant has described himself by his name and he has stated that he belongs to the village of jeorakhan tola and that his profession is cultivation.
it is admitted by the appellant that these companytracts had number been companypleted at the time of his numberination.
in the result the tribunal dismissed the election petition on numberember 30 1957.
civil appellate jurisdiction civil appeal number 139 of 1959.
the material terms of this companytract are 8 in number and they are all in the prescribed form.
the preamble to the companytract shows that the appellant undertook to carry out the companystruction of the development project under local works programme mentioned in the companytract as per estimate attached thereto and he agreed to execute the work according to and subject to the terms and companyditions companytained therein and he also undertook to contribute 50 of the companyt in cash and labour.
the impugned companytracts are five in number.
they were for the execution of works under local development works programme envisaged under the second five year plan formulated by the government of india.
this issue was whether the numberination of the appellant was hit by the provision of s. 7 d of the act and as such whether the said numberination had been improperly accepted.
k. p. sinha and d. p. singh for the appellant.g.
in his petition respondent 1 challenged the election of the appellant on several grounds all of which were companytroverted by the appellant.
on the allegations of the parties the tribunal had framed several issues and parties had led evidence on them.
these companytracts are evidenced by five documents exs.
the judgment of the companyrt was delivered by gajendragadkar j. this appeal by special leave arises from the election petition filed by respondent i number 353 of 1957 in which he claimed a declaration that the election of the appellant as a member of the bihar legislative assembly maner companystituency should be declared to be void.
april 14.
thereupon respondent i filed his election petition under s. 81 of the representation of the people act 1951 hereinafter called the act .
respondent i had challenged the validity of the appellants numberination paper at the said scrutiny but the returning officer had overruled the objection raised by respondent i and had accepted the numberination paper of the appellant along with those of the two other candidates.
as a result of this finding the high companyrt allowed the appeal preferred by respondent i and declared on january 8 1959 that the election of the appellant was void under s. 100 1 a of the act.
h. dhebar for respondent number 3.
c. mathur and dipak d. choudhri for respondent number 1.
after the companynting of votes was done on march 3 1957 the appellant was declared duly elected at the election inasmuch as he had got 9826 votes while res pondents i and 2 had got 7526 and 49 votes respectively.
in the last general election for the said companystituency which was held in february march 1957 there were three candidates the appellant respondent i and respondent 2.
in companysidering the appellants plea that he had executed these companytracts as a mukhiya of the village panchayat of his village it would be necessary to bear in mind the background of the scheme in pursuance of which these works were undertaken.
at the end the appellant has signed as mukhiya and has given his address as jeorakhan tola gram panchayat.
