NANDIESHA REDDY Vs. KAVITHA MAHESH

JUDGEMENT

(1.) Nandiesha Reddy got elected to the Karnataka Assembly in the general election from K.R.Pura Assembly Constituency held on 10th of May, 2008. His election was challenged by Kavitha Mahesh, inter alia, on the ground that her nomination was illegally not accepted by the Returning Officer which rendered Nandiesha Reddy's election void. Nandiesha Reddy (hereinafter to be referred to as 'the Returned Candidate') filed two applications; one under Order VI Rule 16 of the Code of Civil Procedure for striking out pleading from the election petition and another under Sections 83 and 86 of the Representation of the People Act, 1951 (hereinafter to be referred to as 'the Act') read with Order VII Rule 11 of the Code of Civil Procedure, 1908 for dismissal of the election petition. The Karnataka High Court by the impugned orders dated 8th October, 2009 and 12th November, 2009 dismissed the aforesaid applications.

(2.) The Returned Candidate assails aforesaid orders in the present Special Leave Petitions.

(3.) Leave granted.