By this election petition, the petitioner Narayan Shanker challenges the election of Shiv Kumar Shrivastava, the first respondent in this petition, who was declared elected in the last Assembly elections to the Madhya Pradesh Legislative Assembly from the Sagar Legislative Assembly Constituency No. 39. The petitioner was also a candidate at the said election from the same constituency. The petitioner contested the election on Janta Party ticket; whereas, the first respondent was a candidate of the Congress Party.

2. A number of grounds were raised in the petition for challenging the election. On the pleadings of the parties, the following issues were framed :-

1. (a) Was respondent No. 1 proprietor of Sagar Press referred to in para 4(1) of the petition at the relevant time?

(b) Was any contract for printing and supplying Electoral Rolls between the Sagar Press and the State Government subsisting during the period from 11-5-1977 to 15-6-1977 ?

(c) Was respondent No. 1 disqualified to contest the election because of the subsistence of the aforesaid contract?

(Other issues need not be reproduced, because neither they were pressed nor decided -Ed.)

Held : Before proceeding furth