JUDGMENT

KHANNA, J.:— (on behalf of himself and N. L. Untwalia J.) On an election petition filed by Ratnakar Mohanty respondent, the election of Judgal Kishore Patnaik appellant to the Orissa Legislative Assembly from Bhadrak constituency was declared to be void by the Orissa High Court and as such set aside. The appellant has filed the present appeal against the judgment of the High Court.

2. Bhadrak assembly constituency is a single-member general constituency. During the general elections to the Orissa Legislative Assembly held in February 1974, the respondent filed four nomination papers for being elected from this constituency. At the time of scrutiny on January 30, 1974, objection was raised at the instance of Balaram Sahu, one of the contesting candidates, before the Returning Officer that the respondent was disqualified for being chosen as a member of the Assembly as there subsisted contracts between him and the Government of Orissa for execution of certain works. The respondent, it was accordingly asserted, was disqualified under Section 9 A of the Representation of the People Act, 1951 (hereinafter referred to as the Act) from seeking election. Some documents were also pro