JUDGMENT

A.S.ANAND, CJI.

(1) This appeal, under Section 116-A of the Representation of People Act, 1951, calls in question final judgment and order made by the High Court of Madras in election petition no. 1 of 1996 on 29/12/1999.

(2) Though, fresh elections have since been held to Tamil Nadu Legislative Assembly and to an extent this appeal has been rendered infructuous, the manner in which the election petition was dealt with by the High Court causes us concern and that necessitates our making reference to some salient facts.

(3) The appellant was a candidate from 220 Charenmahadevi assembly constituency of Tamil Nadu Legislative Assembly at the elections held in 1996. He had represented that constituency, according to averments made in the election petition, for four consecutive terms between 1977 and 1991. In the elections held on 27/04/1996 he lost to respondent no. 1. He filed an election petition challenging the election of the returned candidate - respondent no. 1, mainly on two grounds: firstly, that the respondent was a government contractor who had a subsisting contract with panchayat union and the state government and was therefore, disqualifie