JUDGMENT

Dr. Anand, CJI.-This appeal calls in question the judgment and order of the High Court of Punjab & Haryana in Election Petition No. 7 of 1997 decided on 29th September, 1997. The appeal arises in the following circumstances.

2. The appellant contested the election to 54 Raikot Assembly Constituency in the general elections to the Punjab Legislative Assembly held on 7th February, 1997. The respondent, a candidate of the Indian National Congress, was declared elected, After the declaration of the result of the elections on 10th February, 1997, the appellant filed an election petition in the High Court alleging that the respondent was disqualified from contesting the election to the Punjab Legislative Assembly under Section 9-A of the Representation of People Act, 1951 (hereinafter referred to as "the Act") as on the date of the filing of the nomination paper as well as on the date of the scrutiny of the nomination paper, the respondent had a subsisting contract, for the sale of liquor, with the Punjab Government, which he had obtained in partnership with others at the auction held for the year 1996-97. The petition was resisted by the respondent who in the written statement d