C VEERABHADRAIAH Vs. C CHANNIGAPPA

JUDGEMENT

(1.) THE unsuccessful Indian National Congress (I) candidate Sri C. Veer-abhadraiah, the petitioner has questioned the 11th Karnataka Legislative Assembly General Election held on 5-9-1999 for Koratagere legislative Assembly Constituency (No. 56), Tumkur District declaring respondent 1-Sri C. Channigappa as elected candidate in the counting of votes that took place on 6-10-1999 by the Returning Officer, Koratagere assembly Constituency under Section 100 (l) (b) and (d) (ii), (iii) and (iv)of the Representation of the People Act, 1951.

(2.) THE petitioner-C. Veerabhadraiah from the Indian National Congress (I), respondent 1-C. Channigappa from the Janatha Dal (S), respondent 2-Andanappa from BJP, Smt. Jayanthi, respondent 3 from janatha Dal (U) and respondents 4 to 6 are being independent candidates, contested for the election to the Legislative Assembly from the state, No. 56, Koratagere Assembly Constituency held on 5-9-1999. In the said election, respondent 1-Channigappa has been declared as an elected candidate as he has secured 33,558 votes whereas the petitioner was defeated with a difference of 706 votes by securing 32,852 votes. The petitioner questioned the election on the allegation that the respondent 1 resorted to goondaism with his supporters on 2-9-1999 which is within the jurisdiction of Dobaspet Police Station while the 3rd respondent was returning after completing her election campaign, the supporters of 1st respondent had come in a Matador van bearing No. KA-02/7929 and tata Sumo bearing No. KA-02/a-7744 at about 9. 00 p. m. , stopped her car and caused obstruction. Therefore, the 3rd respondent filed a complaint at Dobaspet Police Station, Nelamangala Circle at 11. 00 p. m. on 2-9-1999. These facts have also been appeared in the Samyuktha Karnataka, a Kannada daily, Indian Express and other newspapers.

(3.) THE 1st respondent and his agents published and distributed pamphlets as per Annexures-C and D wherein the photos of his Holiness Dr. Sri Sri Shivakumara Swamigalu of Siddaganga Muth, Tumkur District and also the photo of his Holiness Jagadguru Sri Balagangadharanath swamiji of Adichiinchanagiri Muth were printed along with the photo of the leaders of Janatha Dal (S ). In Koratagere Constituency majority of the voters belong to Veerashaiva or Lingayath community and Vokkaliga community, the two Swamijis have been highly respected and regarded as a symbol of sacrifice and devotion in the cause of upliftment of the poor and also in the cause of providing free education to the poor. The people of Veerashaiva Community have regarded Sri Shivakumara swamigalu as "moving God" on earth by the devotees. His photos are found in majority of the houses in Koratagere Taluk and Nelamangala taluk and other places. Nextly, Sri Balagangadharanath Swamiji of adichunchanagiri Muth is recognised, respected and revered as religious head of Vokkaliga community in the State which is regarded as one of the backward community in the State who has also established various educational institutions in different parts of the State and he was regarded as undisputed head of Vokkaliga community and he is also regarded as symbol of unity and cause of upliftment of the poor.