G M SIDDESHWAR Vs. PRASANNA KUMAR

JUDGEMENT

(1.) We have heard Mr V. Giri, learned Senior Counsel for the petitioner, and Mr Basava Prabhu S. Patil, learned Senior Counsel for the respondent.

(2.) Mr V. Giri, learned Senior Counsel for the petitioner, placed heavy reliance upon a judgment of this Court in P.A. Mohammed Riyas v. M.K. Raghavan, 2012 5 SCC 511 in support of his submission that since the election petitioner, who is the respondent herein, has not filed any affidavit as required under Order 6 Rule 15(4) of the Code of Civil Procedure, 1908 (CPC) in support of the election petition, the High Court was clearly wrong in taking the view Prasanna Kumar v. G.M. Siddeshwar, 2010 6 KarLJ 78 that such an affidavit was not necessary since the election petitioner has already furnished an affidavit in Form 25 in compliance with proviso to Section 83(l)(c) of the Representation of the People Act, 1951 (for short "the 1951 Act"). He also relied upon a decision of this Court in R.R Moidutty v. P.T. Kunju Mohammad, 2000 1 SCC 481 particularly para 35 thereof.

(3.) Mr V. Giri, learned Senior Counsel for the petitioner, submitted that in RA. Mohammed Riyas1, as a matter of fact, the impugned judgment2 was cited by the appellant therein but this Court did not accept the view taken by the Karnataka High Court.