JUDGMENT

Bharucha, J.-The appellant and the respondents were candidates from the Smalkha constituency at the general election to the Haryana Assembly held on 22nd February, 2000. The appellant secured the largest number of votes, namely 37,174, and he was declared elected. The first respondent secured 26,159 votes. The first respondent challenged the election of the appellant by filing an election petition in the High Court of Punjab and Haryana. He contended that at the time of scrutiny of the nomination papers the appellant held from the appropriate Government, that of the State of Haryana, five leases for the extraction of major and minor minerals and that, therefore, he was disqualified from contesting the election. The High Court upheld the contention holding that "a mining contract or a mining lease is a contract to execute a Government work on behalf of the Government and it is covered under Section 9-A of the Act", the Act being the Representation of People Act, 1951 (hereinafter referred to as "the said Act"). The High Court set aside the election of the appellant and declared the first respondent duly elected.

2. The judgment and order of the High Court is under appeal by