KAVITHA MAHESH Vs. CHIEF ELECTION COMMISSIONER

JUDGEMENT

(1.) This election petition under section 81 of the Representation of People Act, 1951 [for short 'the Act'], is by a person who had aspired to be an independent candidate to contest the election for seeking the support of electors of K R Pura Legislative Assembly Constituency in Bangalore Urban District to represent this constituency as a Member of the Karnataka State Legislative Assembly in the elections to the Karnataka State Legislative Assembly held during the year 2008. Election petitioner did not even become a candidate whose name figured in the list of candidates figuring in the ballot paper as it is pleaded in the petition that the efforts on the part of the petitioner to become a candidate was thwarted by the Returning Officer, 151 - K R Pura Legislative Assembly Constituency as it is the case of the petitioner that the returning officer did not even receive the nomination papers of the petitioner which were sought to be presented on 23.04.2008 - the last day for filing nominations as per the following calendar of events

(2.) The results of the elections were declared by the returning officer as per the calendar of events on 27.5.2008. Respondent - N S Nandish Reddy was declared as the successful candidate. This respondent though originally figured as fifth respondent in the election petition. Respondents 1 to 4 - Chief Election Commissioner & Election Commissioners - Election Commission of India, The Chief Electoral Officer - State of Karnataka, The District Electoral Officer - Bangalore Urban District, The Returning Officer - K R Puram Constituency respectively, but the other four respondents having all been deleted with the permission of the court, as per the order dated 31.07.2008, the returned candidate alone figures as the respondent to the election petition as of now.

(3.) The election petition has been presented seeking for a declaration that elections to K R Pura Legislative Assembly Constituency as declared by the returning officer on 27.05.2008 is null and void due to the reason of the illegal and improper rejection of the petitioner's nomination paper and therefore the election petition was presented for the relief on the ground of improper rejection of the petitioner's nomination paper and seeking for relief in terms of section 100[1][c] of the Act.