T. B. JAYACHANDRA Vs. C. M. RAJESH GOWDA

JUDGEMENT

(1.) Learned counsel for the petitioner has filed a memo dated 02.01.2021 requesting that the petitioner may be permitted to comply with the office objections and also to comply the provisions of Section 82 of the Representation of the People Act, 1950 and 1951 (hereinafter referred to as R.P.Act for short) and Rule 94(A) of the Conduct of Election Rules, 1961, as required under the Rule and to meet the ends of justice.

(2.) This election petition was filed on 18.12.2020 with two prayers, as follows:

(3.) Office raised several objections. 19 objections were raised, to be precise. Thereafter, the instant memo dated 02.01.2021 was filed and the matter came up before this court for the first time on 11.01.2021. Learned counsel for the petitioner drew the attention of this court to the memo and sought for consideration of the memo. However, this court directed that the memo shall be considered after other objections were complied with. On 04.06.2021, when the matter came up before this court, learned counsel pressed for an order on the memo dated 02.01.2021. Learned counsel submits that in terms of the High Court of Karnataka Election Petition Rules (hereinafter referred to as the Rules for short), more particularly as per Rule 9, a duty is cast upon the office of the High Court to raise objections if there is non-conformity of any of the requirements of law and the Rules in the election petition. Learned counsel submits that Rules laid down procedure for compliance of the office objections and time shall be granted for compliance of office objections.