AIR 1967 ANDHRA PRADESH 26 ::(1966) 1 Andh WR 454 ::ILR (1968) Andh Pra 355

Andhra Pradesh High Court

Hon'ble Judge(s): P. Basi Reddy, Ananthanarayana Ayyar , JJ

(A) Representation of The People Act (43 of 1951) , S.7(d)— Contract with State Government whether one with Central Government - Back-ground of contract and conduct of parties have to be considered. To decide whether the contract which a candidate for election to Lok Sabha had entered with the State Government was one with the Central Government through the State Government as agent, so that the candidate incurred disqualification under S. 7 (d) Representation of the People Act 1951, the contents of the contract must be considered in its background along with the conduct of the parties as appearing from evidence.(Para 19) Held that the Central Government was not a party to the agreement either along with the Andhra Pradesh Government or as represented by the Andhra Pradesh Government. Case law Ref.(Para 41) (B) Representation of The People Act (43 of 1951) , S.116A— Election petition by person whose nomination had been rejected on ground of disqualification u/S.7(d) - Successful candidate alleging disqualification of petitioner on ground that he had entered into contract with State Government in which the State Government acted as agent for Central Government which was principal party - Election petition allowed - Appeal against decision of Election Tr....