JUDGMENT

Shah, J.—In the background of facts briefly stated below, questions for determination in these appeals are —

1. In an Election Petition under the Representation of the People Act, 1951 (hereinafter referred to as ‘the Act’), when contest for election to the post of MLA is by more than two candidates for one seat and a candidate, who was disqualified to contest the election, is elected - whether the Court can declare a candidate who has secured next higher votes as elected? And

2. Whether contract between the elected candidate and the Government was subsisting on the date of scrutiny of nomination papers?

2. Appellant Prakash Khandre contested election from No. 2 - Bhalki Con­stituency of Karnataka State Legislature Assembly and was declared elected. Respondent No. 1 Dr. Vijay Kumar Khandre contested the said election but was defeated. The details of the votes secured by each candidate are as follows :-

Sl.   Name of the Candidate No. of Difference No.     Votes Polled

01. Shri Prakash Khandre 47,132 10,327

02.