S. K. RAY, J.

( 1 ) THE Last general election to the Orissa Legislative Assembly was held in the month of February, 1974 pursuant to a notification calling upon all Assembly constituencies in the State of Orissa to elect members to the said Assembly. In the notification a period between 22nd to 29th of January, 1974 was fixed for filing of nomination papers. The date for scrutiny of nomination papers was specified to be held on 30-1-74. Polling for the election took place on 26-2-74 and the result was declared on 28-2-74.

( 2 ) BHADRAK Assembly constituency is a single member general constituency. From this constituency four nomination papers were duly filed in favour of the petitioner. The respondent also was nominated as a candidate for election from this constituency and nomination papers were duly presented on his behalf. At the time of scrutiny an objection was raised at the instance of one Balaram sahu before the Returning Officer that the petitioner was disqualified for being chosen as a member of the Orissa Legislative Assembly as there subsisted contracts entered into by him with the Government of Orissa for execution of works under-taken by that Government under Section