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april 1959

Supreme Court of India · 1959-04-14

BHAGWAN SINGH vs RAMESHWAR PRASAD SASTRI & OTHERS

Citation / case number
SC 1959/214
Court
Supreme Court of India
Petitioner
BHAGWAN SINGH
Respondent
RAMESHWAR PRASAD SASTRI & OTHERS
Author
P.B. GAJENDRAGADKAR
Bench
P.B. GAJENDRAGADKAR

Judgment text excerpt

The Supreme Court held that under Section 7(d) of the Representation of the People Act, 1951, the appellant's election to the Bihar State Assembly was not disqualified despite having contracts with the Bihar Government, as he executed them in his capacity as Mukhiya of the Village Panchayat, acting as its agent. The Court found that the High Court erred in interpreting the contracts, emphasizing that the obligations were not personal but on behalf of the Panchayat. Consequently, the Court upheld the Election Tribunal's decision in favor of the appellant, dismissing the election petition.

BHAGWAN SINGH vs RAMESHWAR PRASAD SASTRI & OTHERS · Niyam