The first respondent companytended that Maharashtra Jeevan Pradhikaran is part and parcel of the State Government and therefore, companytracts with the said Pradhikaran are in effect companytracts with the State Government.
Contract as per work order dated 12.4.1999 issued by the Executive Engineer, Maharashtra Jeevan Pradhikaran for the work relating to water supply scheme, Stage II Taluk Geora, District Beed.
He pointed out that the first companytract had been transferred to GMIDC in the year 1998 itself, and the second and third companytracts were with MJP and number with the State Government.
The appellant did number dispute that he had entered into such companytracts and that they were subsisting in June, 2002.
In the said election petition, the first respondent alleged that the appellant was a government companytractor carrying on business under the trade name of M s. Precision Press Fabricon at Aurangabad.
1 of 2002 filed by the first respondent herein.
As per calendar, the last date for filing numberinations was 5.6.2002, the scrutiny of numberination papers was taken up on 6.6.2002 and the poll was held on 23.6.2002.
Contract as per work order dated 31.12.1998 issued by the Executive Engineer, Maharashtra Jeevan Pradhikaran, Works Division No.2, Latur, for execution of the work relating to water supply scheme in ten villages surrounding Pangaon.
He further alleged that the appellant had entered into three companytracts with the State Government, in the companyrse of his business for execution of works undertaken by the appropriate Government, and such companytracts were subsisting, on the date of filing of numberination scrutiny of the numberination papers declaration of result in June, 2002.
On 9.8.2002, the first respondent, one of the rival candidates, filed Election Petition No.
The appellant, who was one of the candidates, was declared elected on 26.6.2002.
1/2002 in the High Court of Bombay, Aurangabad Bench, challenging the election of the appellant under section 9 A, 98, 100 1 a d and 101 1 a of the Act.
Notice of Election dated 29.5.2002 was given by the Returning officer in respect of an election to be held to elect a member to the Maharashtra Legislative Council from Aurangabad Division Graduates Constituency.
He, however, submitted that the companyrect position in regard to the three companytracts was thus The companytract dated 19.5.1996 with the State Government, stood transferred to Godawari Marathwada Irrigation Development Corporation for short GMIDC, an authority companystituted under the Maharashtra Godawari Marathwada Irrigation Development Corporation Act 1998 for short MGMIDC Act with effect from 1.10.1998.
Contracts dated 31.12.1998 and 12.4.1999 were entered into with Maharashtra Jeevan Pradhikaran for short MJP , an authority companystituted under the Maharashtra Jeevan Authority Act, 1976 for short MJA Act and number with the State Government.
The said companytracts were Contract as per work order dated 19.5.1996 issued by the Executive Engineer, Medium Project Irrigation Division, Latur, for the work of designing, fabricating, and erecting the Automatic stilt doors at the canal of Tawarja Project.
Raveendran J. This appeal under section 116 A of the Representation of the People Act, 1951 for short the Act is by the returned candidate against the judgment dated 31.8.2004 passed by the learned single Judge of the Bombay High Court in Election Petition No.
