RAMPAKAVI RAYAPPA BELAGALI Vs. B D JATTI

JUDGEMENT

(1.) This is an appeal from a judgment of the Mysore High Court dismissing an election petition which had been filed by two electors challenging the election of respondent No. 1 B. D. Jatti from the Jamkhandi Constituency at the General Elections held in 1967.

(2.) The last date for filing of nomination papers was January 19, 1967. The polling took place on February 2, 1967 and the result was declared on February 22, 1967. The only contesting candidates were respondent No. 1 and respondent No. 2 M. M. Shivappa. Respondent No. 1 secured 24,578 votes whereas respondent No. 2 got 21,261 votes. The election petition was filed on April 6, 1967 by I. S. Ghattarki and P. R. Belagali who were electors in the Jamkhandi Constituency. Each of them had acted as an election agent of respondent No. 2. Petitioner No. 1 Ghattarki was his election agent from February 10, 1967 till the last date of the election and petitioner No. 2 Belagali acted as an election agent from January 19, 1967 to February 1967. The trial of the petition commenced on December 11,1967 and after certain witnesses had been examined on February 1, 1967 petitioner No. 1. Ghattarki made an application praying for permission to withdraw from the petition "for all purposes". Petitioner No. 2 objected to his withdrawal. The learned judge dismissed the application of petitioner No. 1 on the ground that Section 110 (1) of the Representation of the People Act. 1951, hereinafter called the "Act", did not permit withdrawal by one petitioner without the consent of his co-petitioner. It has, however, been noted by the learned judge that both the petitioners continued to be represented by one counsel Shri B. S. Patil.

(3.) It may be mentioned at this stage that the election petition is a very long document and that the evidence which has been produced by the parties is also voluminous. The judgment of the learned judge consists of 227 printed pages. A number of issues were framed but the controversy before us has been confined only to certain points.