BHAGW AN SINGH versus RAMESHW AR PRASAD SASTRI & OTHERS

BHAGW AN SINGH versus RAMESHW AR PRASAD SASTRI & OTHERS

The contracts in question were executed by the appellant as Mukhiya of the Village Panchayat, acting as agent and not in personal capacity; hence the disqualification under s. 7(d) of the Representation of the People Act, 1951 cannot be invoked against him.

Parties
Appellant: Bhagwan Singh; Respondent 1: Rameshwar Prasad Sastri; Respondent 3: Respondent 3
Jurisdiction
India
Judgment Date
14 April 1959
Procedural Posture
Civil Appeal / Appeal From Patna High Court Decision in Election Matter
Outcome
Appeal allowed.
Legal Topics
Disqualification for Membership, Interest in Government Contracts, Village Panchayat Functions
Election Law Disqualification for Membership Interest in Government Contracts Village Panchayat Functions

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Parties

Bhagwan Singh

Appellant

Rameshwar Prasad Sastri

Respondent 1

Respondent 3

Respondent 3

Procedural Posture

Civil Appeal / Appeal From Patna High Court Decision in Election Matter

Legal Issues

  1. 1 Whether the appellant was disqualified under s. 7(d) of the Representation of the People Act, 1951, for having an interest in contracts for execution of works undertaken by the Bihar Government at the date of nomination
  2. 2 Whether the contracts in question were executed by the appellant in his individual capacity or as Mukhiya of the Village Panchayat

Ratio Decidendi

The contracts in question were executed by the appellant as Mukhiya of the Village Panchayat, acting as agent and not in personal capacity; hence the disqualification under s. 7(d) of the Representation of the People Act, 1951 cannot be invoked against him.

Court Disposition

Appeal allowed.

Orders

  • Order of the High Court set aside
  • Order of Election Tribunal restored