S K KANTA Vs. QUAMANIL ISLAM

JUDGEMENT

(1.) from 1983 to 1985 and from 1985 till the dissolution of the last assembly, was a candidate to 10-gulbarga assembly constituency representing janata dal, the election of which was held on 24-11-1989. The result of the said election was declared on 27-11-1989 declaring the first respondent as having been duly elected who was sponsored by muslim league. Respondent No. 2 was the official candidate from the congress-i party; respondent No. 7 was the official candidate from the janata party (jp); respondent No. 8 from the bharathiya republican party; respondent No. 11 from the lok-dal (b) and respondent No. 12 from the bharathiya janata party (bjp); respondents 3 to 6, 9 and 10 contested the elections as independent candidates. Respondent No. 13 was the returning officer who conducted this election. Out of all these candidates, leaving aside the petitioner and the first respondent, only the second respondent secured 12675 votes and others secured below thousands and hundreds. The petitioner secured valid votes of 51204 and the first respondent secured 55801 votes.

(2.) the petitioner states that, when the last assembly was dissolved, he was in janata party and later, he joined janata dal. He was a minister for labour as he has represented labour class. He being a leading person in the labour field of gulbarga, he had all the hopes to be elected by securing majority votes. After several candidates filed their nomination papers, recognised political parties got the parties recognised symbols while the independents and others got other symbols. The petitioner was allotted the symbol "wheel" while the first respondent was allotted the symbol "ladder". The contest of the 10th gulbarga assembly constituency was mainly between the petitioner and the first respondent, who will be referred to hereinafter as respondent.

(3.) the petitioner further states that, in both the previous elections, the respondent contested the elections and had been defeated. In this background, the respondent, who is the general secretary of the Karnataka branch of the Indian union muslim league, was making preparations with the object of winning the said election. In his official capacity as the secretary, he held a coveted post and taking that advantage, he appointed persons to various organisations in the Indian union muslim league and one such person is the convener of the youth muslim league (shortly yml) mohammed moiuddin pasha who is also from gulbarga assembly constituency. The said mohammed moiuddin pasha has acted as election agent of the respondent. The gulbarga city municipal corporation had majority of its representatives from muslim league and the mayor was also representing from muslim league. Taking advantage of the fact that the muslim league was in majority at the 10th gulbarga assembly constituency, the respondent had used the official machinery for his favour and also committed several corrupt practices to get the different of votes of 4597 to declare himself as an elected candidate.