LAWS(KAR)-2001-7-65

K S ESHWARAPPA Vs. H M CHANDRASHEKARAPPA

Decided On July 20, 2001
K.S.ESHWARAPPA Appellant
V/S
H.M.CHANDRASHEKARAPPA Respondents

JUDGEMENT

(1.) IN this application filed under Order VI, Rule 16 and Order VII, rule 11 (a) of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code"), read with Section 87 of the Representation of the people Act, 1951 (hereinafter referred to as "the Act"), the first respondent has made two prayers; firstly, he has prayed that paragraphs 4 to 13 of the petition may be struck off and secondly, the Election Petition may he dismissed with exemplary costs.

(2.) FEW facts, which may be relevant for the disposal of this application, may briefly be stated as follows:

(3.) IN the Election Petition, the petitioner, who had contested the election as a candidate of Bharatiya Janata Party in the election held to 162 - Shimoga Assembly Constituency, has called in question the election of the first respondent, who was a successful candidate in the election. Respondents 2 to 8 in the petition are other unsuccessful candidates who had contested the said election. The petitioner lost the election to the first respondent by a margin of around 6,503 votes. The elections both to the 162-Shimoga Assembly constituency and the 21st Shimoga Parliamentary Constituency were simultaneously held on 11th September 1999; and the result of the election of the 162-Shimoga Assembly Constituency was declared on 6th October 1999.