H V ASHOK Vs. H N GOPAL

JUDGEMENT

(1.) This intra court appeal seeks to lay a challenge to a learned Single Judge 's order dtd. 31/8/2023 whereby W.P.No.22652/2021 (LB-ELE) filed by the appellant having been dismissed, the order dtd. 29/11/2021 annulling his election has been upheld.

(2.) Learned counsel for the appellant vehemently argues that the Election Tribunal which decided Election Misc. No.2/2021 could not have been allowed inasmuch as appellant had declared his 'criminal antecedents ' in the Affidavit/Nomination Papers; he further argues that this aspect of the matter has been lost sight of by the learned Single Judge but for which the writ petition would not have been dismissed. So arguing he seeks invalidation of the impugned order and allowing of the writ petition.

(3.) Learned counsel appearing for the 1st Respondent herein who was the Election Petitioner and the learned Additional Government Advocate appearing for Respondent Nos. 3 & 4 resist the appeal both on maintainability and on merits. They contend in support of the impugned order of the learned Single Judge and also the order of the Election Tribunal, and the reasons on which these orders have been structured.