Narrow reading of election disqualification law excludes excise retail lease contracts from Section 9-A disqualification.

Section 9-A of the Representation of the People Act, 1951 was construed narrowly to apply only to contracts entered into in the course of trade or business for supplying goods to the Government or executing works undertaken by it. The omission of the earlier reference to services showed a deliberate legislative restriction, so the provision could not be expanded by broad construction. A lease to sell arrack and toddy in retail under the excise regime was treated as a right to sell intoxicants to the public on payment of rent and charges, not as a contract to supply goods to, or execute works for, the Government; the first respondent was therefore not disqualified.

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Issues: Whether the first respondent was disqualified under Section 9-A of the Representation of the People Act, 1951 by reason of subsisting contracts for the lease of the right to sell arrack and toddy, and whether such contracts amounted to a contract for the supply of goods to, or for the execution of any works undertaken by, the Government.

Analysis: The first respondent had subsisting contracts with the State Government at the time of nomination, but Section 9-A applies only where the contract is entered into in the course of trade or business and is for the supply of goods to the Government or for the execution of works undertaken by it. The statutory language was held to be clear and not capable of extension by resort to a broad or strained construction. The omission, by amendment, of the earlier phrase relating to performance of services showed that the provision was deliberately narrowed. A lease to sell intoxicants in retail, under the excise regime, merely conferred the right to sell to the public on payment of rentals and other charges; it did not amount to supplying goods to the Government, nor did it involve execution of works undertaken by the Government.

Conclusion: The first respondent was not disqualified under Section 9-A of the Representation of the People Act, 1951.

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