D K THARADEVI SIDDHARTHA Vs. D VIJAYA MALLAYA

JUDGEMENT

(1.) THE Election petitioner has filed this petition under Section 83 of the Representation of People Act, 1951 to declare the election of the 1st respondent to the Council of States as void and for a further declaration that the petitioner should be declared as the elected candidate in place of the 1st respondent.

(2.) THE Election Commission of India by a notification dated 7-3-2002, notified the number of seats to be filled up to the Rajya sabha from the Council of States including the State of Karnataka. As per the calendar of events published the last date for filing nomination papers was 14-3-2003, the scrutiny of the nomination papers was to be held on 15-3-2002, the last date for withdrawal of nomination was 18-3-2002 and the date of the elections was on 27-3-2002. The election petitioner herein and the 1st respondent filed their nominations to be elected as rajya Sabha members from the State of karnataka. When the nomination papers were taken up for scrutiny on 15-3-2002, the election petitioner filed her objections against the acceptance of the nomination of the 1st respondent on the ground that the 1st respondent is not an ordinary resident of shanthinagar Constituency and his name was wrongly registered in the electoral list. The Returning Officer after holding an enquiry overruled the objections and in the elections that was held, the 1st respondent was declared elected by a declaration dated 27-3-2002 having secured 46 votes as against the petitioner who had secured 34 votes. This declaration of results is questioned by the election petitioner by filing the petition on 27-5-2002.

(3.) ACCORDING to the election petitioner, the 1st respondent was not an ordinary resident of Shanthinagar Constituency being a non resident Indian and having business interest abroad. That he had declared as residing at Dubai in his income-tax returns and he has also been held as a non resident Indian by the Directorate of Enforcement. He only visited Banglore temporarily without an intention to ordinarily reside here and he got his name registered in the electoral roll only for the purpose of contesting the Rajya sabha Elections. The entering of his name in the electoral roll was a false declaration made before the Electoral Registration Officer and registering his name is an illegal act.