AYANUR MANJUNATHA Vs. S BANGARAPPA

JUDGEMENT

(1.) THE returned candidate to the election for the Shimoga Constituency arrayed as respondent 1 to this election petition has filed this application - I. A. No. II under Order 6, Rule 16 and Order 7, Rule ll (a) of the code of Civil Procedure (hereinafter referred to as the "civil Procedure code"), 1908 read with Section 87 of the Representation of People Act, 1951 (hereinafter referred to as "r. P. Act"), for striking out paras 4 to 24 of the election petition and dismiss the same with exemplary costs.

(2.) FOR the 21st Shimoga Parliamentary Constituency consisting of 8 assembly Segments, the election petitioner, Ayanur Manjunatha from the Bharatiya Janatha Party (BJP) ticket, respondent 1-S. Bangarappa and respondents 2, 3 and 4, K. H. Srinivas, V. A. Shariff and Smt. Vasundhara Devi contested the elections held on 11-9-1999. The 1st respondent was declared elected, by a majority of 95,038 votes.

(3.) THIS election is challenged under Section 81 of the R. P. Act by the election petitioner by filing the present election petition.