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july 1968

Supreme Court of India · 1968-07-15

ABDUL RAHIMAN KHAN vs SADASIVA TRIPATHI

Citation / case number
SC 1967/416
Court
Supreme Court of India
Petitioner
ABDUL RAHIMAN KHAN
Respondent
SADASIVA TRIPATHI
Author
C. SHAH
Bench
J.C. SHAH

Judgment text excerpt

The Supreme Court upheld the disqualification of the appellant under Section 9A of the Representation of the People Act, 1951, stating that the appellant's contract with the State of Orissa was not fully performed and thus still subsisted at the time of filing his nomination. The Court clarified that the lack of a formal contract execution by the Governor did not negate the disqualifying effect of the contract. The High Court's rejection of the appellant's election petition was affirmed, as the appellant failed to demonstrate that the contract was cancelled or completed, thereby validating the disqualification.

ABDUL RAHIMAN KHAN vs SADASIVA TRIPATHI · Niyam