Kasliwal, J. - (1.) Election for the Morena Legislative Assembly Constituency in State of Madhya Pradesh was held on 27-2-1990. Sewaram, the appellant before us having secured 25,509 votes was declared elected. Sobaran Singh, the respondent in this appeal being one of the defeated candidates having secured 19,055 votes filed an Election Petition under Sections 80 and 84 read with Section 100 of the Representation of the People Act of 1951 (hereinafter referred to as 'the Act') challenging the election of Sewaram. The ground for challenge was based on the allegation that on the date of filing the nomination paper on 1-2-1990 and declaration of the result of the election on 28-2-1990, Sewaram was having contracts entered with the Madhya Pradesh Government subsisting and as such he was disqualified under Section 9-A of the Act. The details of the subsisting contracts with the Government were given as under in paragraph 4 of the Election Petition:-(a) A contract with M.P. Government through the Managing Director, M.P. Industrial Area Development Corporation Ltd., Gwalior for construction of W. B. M. Road in Industrial Estate, Malanpur, Distt. Bhind of M.P. The contract is for Rs. 51 lacs. The work order was issued on 29-12-88 and the date of completion mentioned in the contract is 28-3-90. Under this contract, the 10th running bill of Rs. 1,63,805 / - is paid on 10-2-1990 and the construction work is still incomplete and being carried. (b) Another contract with M.P. Government through the same authority mentioned in the above clause No. (a) for the construction of W.B.M. Road in Industrial Estate Malanpur Distt. Bhind of M.P. This contract is for Rs. 55 lacs. The work order was issued on 10-11-89. The work under this contract is still being carried on. The aforesaid Corporation mentioned in para 4(a) and (b) is a subsidiary Corporation of the M.P. Industrial Development Corporation Ltd., Bhopal and the said Managing Director, Gwalior is a permanent Government servant. The Industries Department of the M.P. Government is the real owner and controller of these Corporations. The total finances and assets of these Corporations belong to the Government of M.P. In brief, these corporations are Government Corporations. Its functions are akin to the public Works Department of M.P. (c) A contractual agreement with the Governor of M.P. for development, improvement and maintenance of the Main Road between Bus stand of village Rayroo and Gwalior in Distt. Gwalior (M.P.). This agreement No. 2/ 87-88 is for Rs. 37,96,500/ - The work order No. 2477 was issued on 16-4-87 by the Executive Engineer of P.W.D. of M.P. The running bill for Rs. 2,22,416/ 87 P. is paid in the month of March, 1990 by a cheque issued by the Public Works Department of M.P. The work under this contract is still continuing. The aforesaid work is undertaken and carried on by Madhya Pradesh Public Works Department under M.P. Works Department Manual of 1983 published in M.P. Government Gazette Extraordinary dated 20-1-84. The aforesaid portion of the road is part of the road named as National Highway No. 3 but it is under the jurisdiction of the Government of M.P. As per the provisions of the National Highway Act and related provisions of Law, the road is under the M.P. Government. The Central Public Works Department has nothing to do with the impugned contract."
(2.) Sewaram filed a reply to the Election Petition and denied that the alleged contracts mentioned in para 4 (a) and (b) of the petition with the M.P. Audyogik Kendra Vikas Nigam (Gwalior) Ltd., (in short 'MPAKVN') are the contracts/works undertaken by the Madhya Pradesh Government. It was submitted that the said Nigam is a Limited Company incorporated under the Companies Act, 1956 and as such is an independent and sovereign body corporate with perpetual succession, seal and power to hold and manage its own property. It was, therefore, denied that the Industries Department of the Government of Madhya Pradesh was the real owner of the said Company. As such, it was also denied that the contracts with the said Company can be termed as contracts with the appropriate Government, in terms of Section 9-A of the Act.
(3.) It was also submitted in the reply that he had been carrying on the construction business by taking contracts.;