Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Representation of the People Act 1951 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Representation of the People Act, 1951 - s. 9A - Dis-qualification for Government contracts, etc. - Petitionerelected,to State Legislative Assembly from an AssemblyConstituency - Thereafter, declaration by Governor thatpetitioner incurred disqualification stipulated u/s. 9A sincethe petitioner entered into culprit contracts with the Stateafter his election to the Legislative Assembly - Issuance ofNotification that seat occupied by the petitioner fell vacantand press note announcing election schedule for filling upvacancy in the said Constituency- Writ petition by the petitioner- Subsequently, issuance of Notification, notifying theelection to fill up the said Assembly Constituency - Interimorder by the High Court staying the election process - Onappeal, held: Purpose of s. 9A is to maintain the purity of thelegislature and to avoid conflict of personal interest and dutyof the legislators - It would be strange logic that personswith a subsisting contract with the government are perceivedto be undesirable to become members of the legislature asthere is a likelihood of conflict between their duty as legislators, if elected and their personal interest as contractors, butlegislators can enter into contracts with the government withimpunity-Any interpretation of s. 9A which goes to assist alegislator who directly enters into a contractual relationshipwith the State for deriving monetary benefits should beavoided and be given a construction which eliminates thepossibility of creating such situation where the duty is certainly bound to conflict with personal interest- On facts, sub-mission that the disqualification prescribed uls. 9A operatesonly at the threshold thereby rendering a person ineligiblefor contesting any election thus, the petitioner did not incurany disqualification; and that disqualification operate only during the subsistence of the culprit contracts but not afterthey ceased to subsist, cannot be accepted - Instant casedoes not fall within the blanket ban on litigative challengesto the electoral steps - Interim order granted by High Courtjustified - Person aggrieved by a decision of the Governor u/Art. 192 can approach the High Court within the periodspecified |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2015 INSC 305 |
Petitioner | Election Commission Of India |
Respondent | Bajrang Bahadur Singh & Ors. |
SCR | [2015] 6 S.C.R. 67 |
Judgement Date | 2015-04-09 |
Case Number | 8850 |
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