SEWARAM versus SOBARAN SINGH

SEWARAM versus SOBARAN SINGH

The contract awarded to appellant was subsisting on the date of nomination and filing due to lack of evidence of proper assignment, and appellant continued to be associated with the contract through a proxy, thereby incurring disqualification under Section 9-A of the Representation of the People Act, 1951.

Parties
Appellant: Sewaram; Respondent: Sobaran Singh
Jurisdiction
India
Judgment Date
15 September 1992
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Election Disqualification, Subsistence of Government Contract, Assignment and Transfer of Government Contracts
Election Law Election Disqualification Subsistence of Government Contract Assignment and Transfer of Government Contracts

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Parties

Sewaram

Appellant

Sobaran Singh

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the appellant was disqualified under Section 9-A of the Representation of the People Act, 1951 due to subsistence of government contracts on the date of nomination
  2. 2 Whether the assignment of contract was permissible under the terms of the contract

Ratio Decidendi

The contract awarded to appellant was subsisting on the date of nomination and filing due to lack of evidence of proper assignment, and appellant continued to be associated with the contract through a proxy, thereby incurring disqualification under Section 9-A of the Representation of the People Act, 1951.

Court Disposition

appeal dismissed

Orders

  • Future steps under Section 103 of the Act to be taken as directed by the High Court
  • Interim orders vacated