T M CHANDRASHEKAR Vs. L R SHIVARAMEGOWDA

JUDGEMENT

(1.) fighter, an ardent and zealous Congressman and also one time Home Minister of the erstwhile Government of Mysore before re-organisation of States between 1947 and 1952. He hailed from Beereswarapura in Nagamangala Taluk and a very popular political leader. Even after re-organisation of States he contested from Nagamangala constituency in the General Elections of 1957, succeeded and was the Finance Minister in the Mysore State Government till 1962. In the later elections he did not contest due to ill-health and passed away in the year 1964. Perhaps the petitioner did not think of entering into politics during the life time of his father. He however joined the Congress Party in the year 1967. He is a graduate in Engineering and took his education at Bangalore throughout. It appears he has been faithful to the Party eversince he joined it. For the first time he sought ticket in the year 1978 to contest the General Election in that year as a Congress Party candidate. One H.T. Krishnappa was also a congress candidate but the petitioner continued in the fray and canvassed for H.T. Krishnappa. The reason was that there was not enough time for him to withdraw from the contest. It may be stated here that he belongs to Kuruba community as this caste-tag has assumed considerable importance in the General Elections of the year 1989 to the Karnataka State Legislature from Nagamangala Assembly Constituency. What the parties call 'B' Form is issued in favour of an official Party candidate. Though Narasegowda was the Taluk Congress Committee President, V.N. Gowda, M.T. Nanjundappa and the 1st respondent as well as Srikantegowda had sought for Congress Party ticket and it was the petitioner who was given the 'B' Form and hence an official Party candidate. When he was issued 'B' Form rest of the candidates withdrew their nominations excepting the 1st respondent.

(2.) Respondent-1 calls himself an industrialist since the days of his father. He has from Lalankere in Nagamangala Taluk, His father was the Chairman of Sri Ramachandra Fibre & Curling Industry Private Limited, which was established about 25 years ago and they were manufacturing curling rope and fibre from coconut husk. Even during the life time of his father respondent-1's participation in the industry was encouraged and he was its Managing Director. It is a private limited company and after the death of his father respondent-1 himself became Chairman as well as the Managing Director. In 1980 he founded another factory under the name Srirama Coir Mechanised Defibring Factory, another concern under the name Srirama Coir Industry in partnership and he became its Managing Director. He also owns a Saw Mill at Bindiganavile about 10 kms. from his village. He cLalms that nearly 800 workers have been employed in these undertakings and nearly 200 persons in the same constituency are their agents to purchase coconut husk for use in their factories. Though it appears his father did not contest in any of the General Elections he had considerable clout in the taluk and district politics. He was Taluk Board member for six years, was Director of Taluk Agricultural Co-operative Marketing Committee for eight years, member of Primary Land Development Bank, Director of the District Co-operative Union, Director of District Central Co-operative Bank and also took active part in freedom movement. Respondent-1 is a graduate in Arts (B.A.) and excepting for one year he took his entire education in Nagamangala Taluk. Even as a student leader he participated actively in College Unions. In public life he tasted the first success when he was elected member of the Taluk Agricultural Produce Marketing Committee (TAPMC). He entered politics for the first time in the year 1980 and became the Taluk Congress Youth Committee member. Till 1989 he was an active member and office bearer in the State Youth Congress Committee. He is one of the trustees of the trust established by the Adichunchanagiri Swamiji for the educational institutions. In 1987 he was elected to the Mandya District Zilla Parishad as a member. He continued to be so till 1989 General Elections. Even in the matter of selecting candidates to contest on behalf of the Congress Party for local authorities he had weighty voice. He was also an ardent and faithful member and worker of the Congress Party.

(3.) When the General Elections in question were announced in the year 1989 the District Congress Committee recommended his name to the State Congress High Command for his candidature from the Congress Party. 31-10-1989 was the last date fixed for filing nominations. Even though the State High Command had also recommended his name to the Central High Command of the Congress Party at Delhi the Congress High Command, as usual, did not announce the list of its candidates in the State till the last date for filing nominations. Thus it was uncertain on whom exactly the High Command's favour might fall. Therefore, he filed his nomination on 31-10-1989 as a Congress candidate. Likewise the petitioner had also filed his nomination along with others referred to above. 4-11-1989 was the last date for withdrawal of the nominations. Respondent-1 is a Vokkaliga by caste. When the petitioner was declared by the High Command as the official candidate to contest the elections as the official Congress Party candidate respondent-1 felt that his legitimate cLalm was overlooked by the Party and continued in the fray as an independent candidate. Respondent-2 was the Janata Party candidate though he did not seriously contest. Voting took place on 24-11-1989. In addition to the petitioner and respondent-1 twelve other persons were in the field. In the results that were declare on 26-11-1989, respondent-1 was declared elected securing 48,654 votes. Next highest number of votes of 17,185 were polled by the petitioner (vide Ex. R-11). There were 14 candidates who were in the contest and H.T. Krishnappa the Janatadal candidate polled third securing 13,576 votes. Respondent-2 Puttegowda secured 4,214 votes and the others never crossed three digits. It is this election of respondent-1 that is now in challenge in this election petition.