VISHWANATHA REDDY Vs. KONAPPA RUDRAPPA NADGOUDA

JUDGEMENT

(1.) Vishwanatha Reddy was declared elected to the Mysore Legislative Assembly from the Yadgiri constituency at the poll held in February 1967. Nadgouda who was a contesting candidate filed a petition before the High Court of Mysore for an order setting aside the election of Reddy on the ground that Reddy was disqualified from standing as a candidate for election and for an order declaring that he - Nadgouda ---be declared elected. The High Court rejected the petition. In appeal, this Court held that at the date of nomination Reddy was disqualified from standing as a candidate and passed an order on July 19, 1968 that-

(2.) Reddy then applied for review of judgment and claimed , relying upon the decision of this Court in Keshav Laxman Borkar vs. Dr. Devrao Laxman Anande (1960) 1 SCR 902 that in the circumstances of the case no order declaring Nadgouda (Sic) could be made by this Court. This Court granted review of judgment by order dated August 27, 1968, and the appeal is now before us for consideration of the question whether it is open to this Court on the finding recorded about the disqualification of Reddy to declare Nadgouda as duly elected to the Mysore Legislative Assembly.

(3.) Out of seven candidates who filed their nomination papers for election, five candidates withdraw their candidature, and Nadgouda and Reddy were the only two candidates remaining in the field. Nomination of Reddy was challenged before the Returning Officer on the plea that Reddy was disqualified by virtue of Section 9A of the Representation of the People Act from standing as a candidate for election to the Mysore State Legislative Assembly, but that objection was overruled and his nomination was accepted. Reddy secured at the poll 4,000 more votes than Nadgouda and was declared elected.