SURAJ NAIK SONI Vs. CHIEF ELECTION COMMISSIONER

JUDGEMENT

(1.) Heard the learned counsel for petitioner Sri Shivaraj Balloli and Learned counsel for respondents Sri Mrityunjay S. Hallikeri.

(2.) This petition is filed by the defeated candidate seeking for a writ of certiorari and to quash the order dtd. 24/5/2023, vide Annexure-J, passed by respondent No.3 and for a writ of mandamus directing respondents No.1 to 3 to furnish documents as requested in the applications dtd. 16/5/2023 and 20/5/2023, vide Annexure-E and G respectively.

(3.) It is the contention of the learned counsel for petitioner that he had contested for the Member of Legislative Assembly Elections of Karnataka 2023 from Assembly Constituency No.78 Kumta, but he was unsuccessful and secured 59,289 votes during counting. The petitioner secured second highest votes and margin of defeat is only 676 votes. The successful candidate secured 59,965 votes. It is the contention of the learned counsel for petitioner that there were several irregularities that were found during the process of election and the counting of votes and gross irregularities were noticed at the time of counting. Hence the petitioner on the day of counting made an application on 13/5/2023 requesting for recounting of votes registered in the EV machines and postal ballets. On the same day an order came to be passed on the representation of the petitioner rejecting the same by respondent No.4.