KANTHIRAJASHEKHER KTOIYAPPA Vs. P H POOJAR

JUDGEMENT

(1.) THE 1st respondent, who is a returned candidate, has filed la. No. 4 for rejecting the election petition on the ground that the facts disclosed there in does not contain material facts as required to be stated under Section 83 (1 ) (a) of the representation of the People Act, 1951 (in short the 'act' ).

(2.) THE petitioner and the three respondents had contested the Karnataka legislative assembly election from the 213 bagalkot assembly constituency which was held on 5-9-1999 and the counting whereof took place on 6th and 7th of october, 1999. On 7-10-1999, the 1st respondent herein was declared as duly elected having secured 138 votes more than the petitioner.

(3.) THE present election petition has been filed inter alia with the prayer that the election of the 1st respondent as declared in form no. 21-c, dated 7-10-1999 (Annexure-A) be declared as void and after recounting the petitioner be declared as duly elected.