K M NARAYANA Vs. R V DEVARAJ

JUDGEMENT

(1.) THE election to Karnataka Legislative Assembly was held on 5-9-1999. The petitioner and respondents 1 to 11 contested from 81 Chamarajpet Constituency. The 13th respondent Returning Officer declared the result as first respondent got elected. The petitioner has filed this writ petition seeking declarations that (a) the declaration of result of first respondent as null and void; (b) that first respondent has committed corrupt practices under Ss. 123 (2) and 123 (6) read with Ss. 100. (1) (b) and 100 (1) (d) (ii) of Representation of the People Act, 1961 (hereinafter referred to as 'the Act'); (c) that S. 61 (A) of the Act and the Rules under Chapter II of Conduct of Election Rules, 1961 as unconstitutional; (d) that the elections under electronic Voting Machine is null and void and to direct re-polling to the aforesaid Constituency and to award costs.

(2.) THE first respondent has filed elaborate statement of objections denying the petition averments and justifying his election and praying to dismiss the election petition. The 2nd respondent filed objections to the election petition and prayed to dismiss the same. The 11th respondent also filed a cryptic written statement.

(3.) I. A. I. was filed by the 12th respondent praying to delete his name. I. A. II is filed by the respondents to strike off paragraphs 7 to 34 in the election petition. I. A. III was filed on behalf of the first respondent to delete respondents 2 to 13. I. A. IV was filed by the 13th respondent/returning Officer to delete him. I. A. V is filed by the first respondent to dismiss the election petition. A memo was filed on behalf of 14th respondent seeking to delete him from the array of the respondents. The petitioner filed objections to all the interlocutory applications. This Court by an order dated 29-5-2001 allowed I. As I, III and IV and the memo of 14th respondent was accepted. Accordingly, respondents 2 to 14 had been deleted. It was held that the petitioner cannot challenge the vires of S. 61 (A) of the Act and the consequent Rules in the election petition but it can be challenged separately in a petition filed under Article 226 of the Constitution of India. Thus, only I. As II and V survive for consideration.