JUDGMENT

KASLIWAL, J.:—Election for the Morena Legislative Assembly Constituency in State of Madhya Pradesh was held on 27-2-1990. Sewaram, the appellant before us having secured 25,509 votes was declared elected. Sobaran Singh, the respondent in this appeal being one of the defeated candidates having secured 19,055 votes filed an Election Petition under Sections 80 and 84 read with Section 100 of the Representation of the People Act of 1951 (hereinafter referred to as the Act) challenging the election of Sewaram. The ground for challenge was based on the allegation that on the date of filing the nomination paper on 1-2-1990 and declaration of the result of the election on 28-2-1990, Sewaram was having contracts entered with the Madhya Pradesh Government subsisting and as such he was disqualified under Section 9-A of the Act. The details of the subsisting contracts with the Government were given as under in paragraph 4 of the Election Petition: -

(a) A contract with M.P. Government through the Managing Director, M.P. Industrial Area Development Corporation Ltd., Gwalior for construction of W. B. M. Road in Industrial Estate, Malanpur, Distt. Bhind of M.P. The contract is for Rs. 51