Judgment

VENKATARAMA AYYAR, J. : This is an appeal by special leave against the order of the Election Tribunal, Quilon declaring, the election of the appellant to the Legislative Assembly of the State of Travancore-Cochin from the Shencottah Constituency void on the ground that he was disqualified to stand for election under S. 7(d) read with S. 9 (2) of Act No. XLIII of 1951.

2. Under S. 7 (d), a person is disqualified for being chosen as a member of the Legislative Assembly of a State, if he is interested in any contract for the supply of goods or for the execution of any works for the Government of that State. Section 9 (2) declares that if any such contract has been entered into by or on behalf of a Hindu undivided family, every member thereof shall be subject to the disqualification mentioned in S. 7 (d); but that if the contract has been entered into by a member of an undivided family carrying on a separate business in the course of such business, other members of the family having no share or interest in that business shall not be disqualified under S. 7 (d).

3. The contract in the present case was for felling trees in a Government forest and transporting them for delivery at