AIR 2016 SUPREME COURT 2301 ::2016 (4) ALJ 275 ::(2015) 2 RecCivR 795 ::(2015) 5 Scale 225 ::(2015) 6 All WC 6191 ::AIR 2016 SC (Civil) 1877 ::(2015) 3 Mad LJ 848 ::(2016) 4 AndhLD 130 ::(2015) 3 JLJR 224 ::2016 (4) KCCR SN 489 (SC) ::(2015) 3 Pat LJR 394 ::2015 (12) SCC 597 ::2015 (12) SCC 570

Supreme Court Of India

(From : Allahabad)*

Hon'ble Judge(s): J. Chelameswar, R. K. Agrawal , JJ

(A) Constitution of India , Art.191, Art.190(3)— Representation of the People Act (43 of 1951) , S.9A— Election as State legislator - Disqualification for Govt. contracts - Applies both to pre-election stage as well as stage after getting elected - Fact that disqualification under S. 9A subsists only till contract exist does not restrict disqualification under S. 9A only to pre-election stages. Fact that disqualification under S. 9A for Govt. contract is co-terminus with subsistence of the contract (the disqualifying event) its scope cannot be restricted to pre-election stage i.e. person intending to contest election. It is incorrect to plead that such restricted scope has to be given to S. 9A, otherwise though the disqualification u/S. 9A, subsists only for a limited period i.e. a fraction of the tenure of the legislator, the same would have the effect of terminating the membership of the Legislator even for that period during which there is no subsisting contract. The plea overlooks language of Art. 190(3), Clause (3) of Art. 190 provides that if a member of a House of the Legislature becomes subject to any of the disqualifications mentioned in clause (1) or clause (2) of Article 191, @page-SC2302 his seat shall thereupon become vacant. In other words, the vacancy occurs the moment a person incurs the disqualification by opera....