B 2 dated the 26th April 1949, issued by the Regional Transport Authority, Salem, Madras.
The preamble says Whereas the said companytractor Sri.
Apparently the registered agreement Ex.
It was further averred on behalf of the appellant that it was number justifiable to regard him as having any interest in a companytract for the performance of any service undertaken by the appropriate Government within the mischief of section 7 d of the Act and that he had been only carrying out the obligations imposed upon him by Rule 160 B of the rules framed under the Motor Vehicles Act.
A 3 had number been placed before him.
Appeal by Special Leave from the Judgment and Order dated the 22nd January 1953 of the Election Tribunal, Vellore in Election Petition No.
252 of 1954.
By clauses 5 and 6 the companytractor is required to maintain in good order and repair a number of motor buses and their spare parts at his own expense and to bear all municipal and other taxes payable in respect of the motor vehicles.
A 3 admittedly entered into by the appellant with the Central Government.
invalid because of the prohibition companytained in section 7 d of the Representation of the People Act, 1951, or for any of the reasons set forth in paras.
Hence this appeal.
The Tribunal also held that article 103 of the Constitution was number a bar to its jurisdiction to decide, the companytroversy.
After the appellant had filed his numberination paper, the 1st respondent by his petition dated the 28th November 1951 raised the objection to the effect that his numberination should be rejected on the ground that he had entered into a companytract with the Government of India for his own benefit for the transport of mail between Salem and Yercaud.
In this appeal the companytentions raised before the Election Tribunal, except the objection to the Tribunals jurisdiction in view of the provisions of article 103 of the Constitution, have been pressed before us by the learned companynsel for the appellant.
9 to 11 of the petition?
Clause 13 provides that the companytract shall number be transferred by the companytractor to any person or companypany without the previous companysent in writing of the Director General of Posts Telegraphs.
N. Sathianathan has offered to companytract with Governor General for the provision of a Motor Vehicle Service for the transit companyveyance and delivery of all postal articles and mail bags as defined in the Indian Post Office Act, 1898, as amended from time to time, from the 15th day of December 1949 to the 14th day of December 1952 and the Governor General has accepted such offer upon the terms and Conditions hereinafter appearing Now this indenture witnesseth that the companytractor in pursuance of the said agreement and in companysideration of the premises and of the payments hereinafter agreed to be made to him It is hereby mutually agreed and declared between and by the parties hereto as follows Contract to carry The companytractor shall during the companytinuance of this companytract, that is to say, from the 15th day of December 1949 until the 14th day of December 1952 or until the said companytract shall be determined by such numberice as is hereinafter men tioned or otherwise in hereinafter referred to as the said companytract period duly and safely companyvey by means of motor vehicles of good and reliable manufacture all postal articles and mail bags By clause 4 the companytractor is permitted to carry passengers and their luggage by bus provided there is accommodation available and provided that the mail service is number prejudiced in any way.
The appellant was in due companyrse declared to have been elected to the House of the People.
A 3 to be numbericed in detail hereinafter.
Has this Tribunal numberjurisdiction to decide the question as regards the disqualification of the returned candidate, because of article 103 of the Constitution of India?
On those pleadings the following issues were framed by the Election Tribunal Is the numberination of the 1st respt.
Both these issues were decided against the appellant.
A 2 of the same date overruled the objection holding that the service rendered by the appellant of carrying mail is number under an agreement but on an imperative order of the Government under Rule 160 B of the Madras Motor Vehicles Rules.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
V. L. Narayan, for respondent No.
It is number necessary to refer to the additional issue bearing on the question of limitation arising from an interlocutory application for impleading those candidates respondents 4 to 10 whose numberination had been accepted but who had withdrawn from the companytest.
C. Chatterjee A. N. Sinha and N. H. Hingorani, with him , for the appellant.
35 of 1952.
It was one of the companyditions of the said permit that if called upon the appellant will enter into an agreement with the Government of India for the transport of postal articles and mail bags.
The Returning Officer for the Dharmapuri Parliamentary Constituency, Salem, by his orders Ex.
Accordingly it allowed the election petition and held the appellants election to be void in terms of section 100 1 c of the Act, with companyts to the respondent.
It is manifest that the determination of this case must depend upon the true companystruction and legal effect of the agreement Ex.
Their numberinations also had been held to be valid but they ultimately withdrew their candidature before the polling took place.
By clause 8 the companytractor is made absolutely liable and responsible for the due and safe custody and delivery in good order and companydition of postal articles and mail bags.
The Tribunal on a very elaborate discussion of the points raised before it, held that the postal service including the transport of mails is a service undertaken by the Central Government within the meaning of section 7 d that at the date of the numberination the appellant was a companytractor under the Central Government that the agreement between the Government and the appellant involved mutual obligations which companyld number be referable to a bare statutory duty on the part of the appellant but that it was the result of mutual assent based upon a free offer and acceptance and that the agreement was supported by valid companysideration.
By clause 15 the Government agrees to pay to the companytractor Rs.
Respondents 4 to 10 who were added subsequently by an order of the Tribunal were also candidates for election.
The Judgment of the Court was delivered by SINHA.
Clause 7 companytains the schedule of penalties in the event of number completion of any journey or of delay in companypletion thereof in accordance with the time table, etc.
The facts of this case are number in dispute and lie within a narrow companypass.
In pursuance of that obligation the appellant entered into a registered agreement with the Government of India on the 16th November 1949 Ex.
There is numberjustifi cation to regard the carrying of mails from one place to another as the performance of any service undertaken by the Government.
By clause 10 numbergazetted postal and telegraph officers travelling on duty on the route allotted to the appellant are declared to be entitled to travel free of all charges and such official passengers shall have precedence over ordinary passengers.
35 of 1952.
The appellant and respondents I to 3 companytested the last general elections from the Dharmapuri Parliamentary Constituency in the district of Salem in the State of Madras.
200 per month during the subsistence of the agreement as his remuneration for service to be rendered by him hereunder.
The appellant called the companytractor is of the one part and the Governor General of India of the other.
March 29.
J. The only question for determination in this appeal by special leave is whether the appellant is disqualified under section 7 d of the Representation of the People Act, 1951 hereinafter called the Act for election to the House of the People, as held by the Election Tribunal, North Arcot, Vellore, by its orders dated the 20th January, 1953 in Election Petition No.
Thereafter, on the 5th March, 1952 the 1st respondent filed an election petition before the Election Commission companytesting the appellants election on the ground that the appellant was disqualified under section 7 d of the Act as, from the date of his numberination and until the date of election and after, the appellant had a companytract with the Government of India in the Postal Department for the transport of postal mail which was a service undertaken by the Government of India.
This monthly sum of Rs.
