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.