Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s. 9-A read with G.O. No. 4682 (PWD) dated 16.11.1951 issued by the Government of Tamil Nadu - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Representation of The People Act, 1951 (43 of 1951) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | PRESENTATION OF THE PEOPLE ACT, 1951s. 9-A read with G.O. No. 4682 (PWD) dated 16.11.1951 issued by the Government of Tamil Nadu - Disqualification for Government contracts - Election to Legislative Assembly. Candidate filing nomination papers - Objections that the candidate had subsisting contracts with the government, thus, disqualified for filing nomination papers and contesting election - Overruled by Returning Officer - Candidate declared elected - Writ petition challenging the election on the ground of the said disqualification - Dismissed by High Court - Held : On true interpretation of the Government Order dated 16.11.1951 only the Chief Engineer was competent to terminate the contracts and, therefore, the termination of the contracts by the Divisional Engineer, which was subsequently ratified by the Superintending Engineer, cannot be treated as valid termination of contracts - On the date of submission of nomination papers as well as on the date of scrutiny thereof, the contracts entered into by the returned candidate with the Government were subsisting and, therefore, he was disqualified from filing the nomination papers and contesting the election - The returned candidate having incurred disqualification under the provisions of s. 9A of the Act, his election will have to be declared as illegal - Accordingly, it is declared that the returned candidate had incurred disqualification u/s. 9A of the Act and, therefore, his election from the Constituency in question is declared to be illegal, null and void - Constitution of India, 1950.Article 162 - Issuance of Government Orders/Circulars. Extent of executive power of State - Explained - Held : In the instant case, there was neither any enactment nor any statutory rule nor any constitutional provision as to how the contractor, who has entered ·into contracts with the Government, should be permitted to contest election, more particularly, when a request is made by the contractor to terminate his contracts so as to enable him to contest the election - There is no manner of doubt that in this branch of jurisdiction there was absence of statutory enactment, regulations and rules and, therefore, the Government had all authority to issue Government Order dated November 16, 1951 to fill up the gaps - Government of Tamil Nadu, public Works Department GO No. 4682 dated 16.11.1951 - Representation of the People Act, 1951 - s.9-A |
Judge | Hon'ble Mr. Justice J.M. Panchal |
Neutral Citation | 2011 INSC 295 |
Petitioner | P.h. Paul Manoj Pandian |
Respondent | Mr. P. Veldurai |
SCR | [2011] 5 S.C.R. 254 |
Judgement Date | 2011-04-13 |
Case Number | 4129 |
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