P H PUJAR Vs. KANTHI RAJASKHEKHAR KIDIYAPPA

JUDGEMENT

(1.) The appellant was elected as a member of Karnataka Legislative Assembly. His election has been called in question by respondent No. 1 who was defeated by a margin of 138 votes. In the petition filed by respondent No. 1 in the High Court under Section 81 of the Representation of the People Act, 1951 (for short, the, Act), a declaration was sought that the election of the appellant was void on the grounds of improper reception, refusal or rejection of votes as also for non-compliance of the provisions of the Act, the Rules and the Orders made thereunder as set out in sub-clauses (iii) and (iv) of Clause (d) of sub- section ( 1) of Section l00 of the Act.

(2.) In all, 88,353 votes were polled. At the final counting, it was found that the appellant had secured 40,418 votes and the election petitioner (respondent No.1 herein) had secured 40,280 votes. The ballot papers rejected as invalid were 3,872. According to respondent No. 1, 59 ballot papers were also found to be missing.

(3.) The counting of the votes was con- ducted in two halls which were adjacent to each other. The Returning Officer T. B. Koli was in charge of Hall No.1 whereas Additional Assistant Returning Officer, N .P. Patil was incharge of Hal1 No.2. They have been examined by the High Court as PW -7 and PW -8 respectively. One of the allegations of respondent No.1 in the election petition is that the number of ballot papers rejected could have been counted in his favour and that his counting agents were not provided with appropriate opportunity to inspect the ballot papers that had been rejected by the Returning Officer. The following issues were framed :