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Issues: Whether a mining lease held from the appropriate Government amounts to a contract for the execution of works undertaken by the Government so as to attract disqualification under Section 9-A of the Representation of People Act, 1951.
Analysis: Section 9-A disqualifies a candidate only where there is a subsisting contract entered into in the course of trade or business with the appropriate Government for the supply of goods or for the execution of works undertaken by that Government. The provision, being one that imposes a disqualification on a citizen, must be applied strictly and only when the case squarely falls within its terms. On the facts, the mining leases merely conferred the right to win minerals; they did not constitute a contract by which the appellant executed any work undertaken by the Government. The reference to Section 18 of the Mines and Mineral (Development and Regulation) Act, 1957 did not assist the challenge, because the statutory obligation there was to ensure systematic mineral development and not to undertake mining operations as such.
Conclusion: A mining lease does not amount to a contract for the execution of works undertaken by the appropriate Government, and Section 9-A does not disqualify the lessee.
Ratio Decidendi: A contract attracts disqualification under Section 9-A only if it is a subsisting contract with the appropriate Government for the execution of works actually undertaken by that Government, and a mere mining lease conferring a right to exploit minerals is not such a contract.
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