B. SURESH GOWDA Vs. D.C.GOWRISHANKARASWAMY

JUDGEMENT

(1.) The present Election Petition has been filed under Ss. 80, 81, 100 read with Sec. 123 of the Representation of the People Act, 1951 ('R.P. Act') seeking to set aside the election of respondent No.1 to the 15th Karnataka Legislative Assembly from Tumkur Rural Assembly Constituency held during May 2018 and consequently declare the petitioner as duly elected to fill the seat of Karnataka Legislative Assembly as regards Tumkur Rural Assembly Constituency (No.133).

(2.) The facts make out that the petitioner and respondent No.1 had filed nomination seeking election to the Karnataka Legislative Assembly from Tumkur Rural Assembly Constituency. The petitioner belongs to the Bharatiya Janata Party (BJP), while the respondent No.1 belongs to Janata Dal (S) Party [JD(S) Party]. In the ensuing elections, the petitioner is stated to have obtained 77,100 votes, while the respondent No.1 had secured 82,740 votes and was declared as elected by margin of 5,640 votes and the Returning Officer had issued Form No.21-C under Sec. 64 of the R.P. Act declaring the respondent No.1 as elected.

(3.) The petitioner has challenged the validity of the election of respondent No.1 contending that his election was vitiated by commission of corrupt practices as defined under Ss. 123(1) and 123(2) of the R.P. Act.