C. V. K. RAO versus DENTU BHASKARA RAO

C. V. K. RAO versus DENTU BHASKARA RAO

A mining lease with a clause reserving a right of pre-emption to the Government does not amount to a subsisting contract for the supply of goods under section 7(d) of the Representation of the People Act, 1951; there is no obligation to supply minerals unless and until the Government exercises its right and issues a...

Source-derived case information.

Parties
Appellant: C. V. K. Rao; Respondent: Dentu Bhaskara Rao
Jurisdiction
India
Judgment Date
04 May 1964
Procedural Posture
Civil Appeal / Final Decision on Appeal From Andhra Pradesh High Court
Outcome
Appeal dismissed
Legal Topics
Disqualification of Candidates, Contract for Supply of Goods, Mining Lease, Right of Pre Emption
Election Law Contract Law Disqualification of Candidates Contract for Supply of Goods Mining Lease Right of Pre Emption

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Summary, issues, holding and outcome

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Parties

C. V. K. Rao

Appellant

Dentu Bhaskara Rao

Respondent

Procedural Posture

Civil Appeal / Final Decision on Appeal From Andhra Pradesh High Court

Legal Issues

  1. 1 Whether a mining lease with a right of pre-emption amounts to a subsisting contract for supply of goods under section 7(d) of the Representation of the People Act, 1951
  2. 2 Whether such a contract disqualifies a legislative candidate

Ratio Decidendi

A mining lease with a clause reserving a right of pre-emption to the Government does not amount to a subsisting contract for the supply of goods under section 7(d) of the Representation of the People Act, 1951; there is no obligation to supply minerals unless and until the Government exercises its right and issues a notice, and thus no disqualification arises.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs.
  • High Court's decision reversing Election Tribunal was affirmed.