B S YADIYURAPPA Vs. MAHALINGAPPA

JUDGEMENT

(1.) The election to the 11th Karnataka Legislative Assembly from 167 Shikariura constituency was held on 11th September, 1999. Respondent No. 1 was declared elected. The appellant was one of the candidates at the election and he filed an election petition in the High Court of Karnataka. He prayed therein that the election of the first respondent be declared void and that h e, the appellant, be declared duly elected. To the election petition were impleaded the other two contesting candidates, namely, respondent Nos. 2 and 3, and the Returning Officer and the District Election Commissioner, as respndent Nos. 4 and 5. The latter two were impleaded because of the allegations made against them in the election petition.

(2.) Respondent Nos. 4 and 5 moved an interim application in the election petition praying that their names be deleted from the array of parties thereto. An application to the same effect was made by the first respondent; he also moved an application praying that the election petition be dismissed because of the impleadment of respondent Nos. 4 and 5 . By the judgment and order under challenge, a learned Single Judge of the High Court allowed the latter application. He dismissed the election petition under the provisions of Section 86(1) of the Representation of the People Act, 1951 ("the said Act") because parties other than those mentioned in Section 82 of the said Act had been impleaded thereto.

(3.) The election petitioner is in appeal.