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1955 Supreme(Ker) 132

VIVIAN BOSE, VENKATARAMA.IYER, SINHA
Chattanatha Karayalar – Appellant
Versus
Ramachandra Iyer – Respondent


Judgment :-

1. 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 the State. S.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 the places specified therein. There











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