Judgment

SHAH, J. :- Vishwanatha Reddy was declared elected to the Mysore Legislative Assembly from the Yadgiri constituency at the poll held in February 1967. Nadgouda who was a contesting candidate filed a petition before the High Court of Mysore for an order setting aside the election of Reddy on the ground that Reddy was disqualified from standing as a candidate for election and for an order declaring that he - Nadgouda ---be declared elected. The High Court rejected the petition. In appeal, this Court held that at the date of nomination Reddy was disqualified from standing as a candidate and passed an order on July 19, 1968 that-

". . . . . . . the appeal is therefore allowed, the election of the first respondent is declared void. In this view of the matter the votes cast in favour of the first respondent be treated as thrown away. As there was no other contesting candidate we declare the appellant (election petitioner) elected to the seat from the Yadgiri constituency."

2. Reddy then applied for review of judgment and claimed , relying upon the decision of this Court in Keshav Laxman Borkar v. Dr. Devrao Laxman Anande (1960) 1SCR 902 that in the circumstances of the case no order declaring Nadgouda (Sic) could be made by this Court. This Court granted review of judgment by order dated August 27, 1968, and the appeal is now before us for consideration of the question whether it is open to this Court on the finding recorded about the disqualification of Reddy to declare Nadgouda as duly elected to the Mysore Legislative Assembly.

3. Out of seven candidates who filed their nomination papers for election, five candidates withdraw their candidature, and Nadgouda and Reddy were the only two candidates remaining in the field. Nomination of Reddy was challenged before the Returning Officer on the plea that Reddy was disqualified by virtue of Section 9A of the Representation of the People Act from standing as a candidate for election to the Mysore State Legislative Assembly, but that objection was overruled and his nomination was accepted. Reddy secured at the poll 4,000 more votes than Nadgouda and was declared elected.

4. This Court has declared the election of Reddy void on the ground of disqualification under Section 9A of the Representation of the People Act, and the question is no longer in issue at this stage. The only question which remains to be determined is whether in the events which have transpired, Nadgouda could under the law be declared elected.

5. Section 53 of the Representation of the People Act provides that if the number of contesting candidates is more than the number of seats to be filled, a poll shall be taken, and if the number of such candidates is equal to the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be duly elected to fill those seats. "Disqualified" means "disqualified for being chosen as, and for being, a member of either House of Parliament or of the Legislative Assembly or Legislative Council of a State:" Section 7 (b). Section 9A of the Act provides:

"A person shall be disqualified if, and for so long as, there subsists a contract entered into by him in the course of his trade or business with the appropriate Government for the supply of goods to, or for the execution of any works undertaken, by that Government.

Explanation.- * * * *"

Reddy was on the finding recorded by this Court incompetent to be chosen as a member of the Legislative Assembly. Objection was raised before the Returning Officer that Reddy was disqualified, but no general notice was given to the electorate about the disqualification. On the view that Reddy was not disqualified, the Returning Officer accepted his nomination and at the poll Reddy was declared duly elected.

6. Section 84 of the Representation of the People Act provides that :-

"A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further decl