JUDGMENT

Dharmadhikari, J.-This is an appeal under Section 116A of the Representation of People Act 1951 (for short the Act ) against the order dated 10th April 2001 passed by the High Court of Karnataka at Bangalore dismissing Election Petition No.13/99 filed by the present appellant challenging election of the Returned Candidate (Respondent No.1 herein) to the Humnabad seat of Karnataka Legislative Assembly Constituency No.5. The Returned Candidate - Respondent No.1 got 35,438 votes as against the present appellant who got 31,868 votes.

2. The election of the Returned Candidate has been assailed on the sole ground that the Returned Candidate on the date of election was disqualified to contest the election as there subsisted a contract between him and the State of Karnataka for construction of Right Bank Canal under the project of Irrigation Department. The aforesaid ground of disqualification is covered by Section 100(1)(a) read with Section 9A and Section 67A of the Act. The aforesaid three Sections of the Act are reproduced hereunder for ready reference:-

"Section 100. Grounds for declaring election to be void.-(1) Subject to the provisions of sub-section (2) if [the High Cour