Judgment

BHAGWATI, J.:- This appeal is preferred under S. 116A of the Representation of the People Act, 1951 (hereinafter referred to as the Act) against the judgment of the Orissa High Court dismissing an election petition filed by the appellant challenging the election of the respondent to the Orissa Legislative Assembly from Melchhamunda constituency in Sambhalpur district of the State of Orissa.

2. The facts giving rise to the appeal may be briefly stated as follows: There were general elections to the Orissa Legislative Assembly sometime in the beginning of March, 1971. The last date for filing nomination papers was fixed on 7th February, 1971 and on or before that date the appellant and the respondent both filed their respective nomination papers for the seat from Melchhamunda constituency. On 9th February, 1971, which was the date fixed for scrutiny of the nomination papers, the appellant raised an objection against the nomination of the respondent on the ground that he was disqualified under S. 9A of the Act. Section 9A provides inter alia that 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 bu