LAWS(KAR)-2020-1-22

A MANJU Vs. PRAJWAL REVANNA @ PRAJWAL R

Decided On January 17, 2020
A Manju Appellant
V/S
Prajwal Revanna @ Prajwal R Respondents

JUDGEMENT

(1.) In an Election Petition filed under section 81 of the Representation of People Act, 1951 challenging the election of respondent No.1 to the 16 - Hassan (General) Parliamentary Constituency held on 18.04.2019, respondent No.1 - the returned candidate has filed I.A.No.7/2019 under Order 7 Rule 11 and section 151 of the Code of Civil Procedure, 1908 read with section 86(1) of the Representation of People Act, 1951 seeking dismissal of the Election Petition for non-compliance of Section 81(3) of the Representation of People Act, 1951 (hereinafter referred to as the "RP Act").

(2.) The grounds urged in support of the application are set out in para 5 of the affidavit appended to the said application, which read as under:-

(3.) It is contended that, in view of the provisions of sections 81 and 83 of the RP Act, the election petition is not a valid petition in the eye of law and that because of non- compliance of the mandatory provisions of the Act, respondent No.1 is not in a position to take a proper defence and is prejudicially affected and therefore, the election petition is liable to be dismissed at the threshold as per section 86(1) and proviso to section 83(1) of the RP Act.