LAWS(KAR)-2004-7-47

BASHIRUDDIN HALHIPPARGA Vs. RAJESHEKHAR BASAVARAJ PATIL

Decided On July 22, 2004
BASHIRUDDLN HALHIPPARGA Appellant
V/S
RAJASHEKHAR BASAVARAJ PATIL Respondents

JUDGEMENT

(1.) ON the maintainability of the election petition. In the general election held in the month of sept. 1999 to No. 5, humnabad assembly constituency, the 3rd respondent subhash gurulingappa kallur, was declared as an elected candidate. The first respondent-rajashekar basavaraj patil filed an election dispute in e. p. No. 13/99 before this court. The said petition came to be dismissed on merits. Being aggrieved by the dismissal of the election petition, the 1st respondent filed a civil appeal before the hon. Supreme court of India in civil appeal No. 5667/01 which appeal came to be allowed and the election of the 3rd respondent was set aside on the ground that he had incurred disqualification to contest the election under Section 9a of the representation of the People Act, 1951. Thereafter, a notification was issued on 22-1 -2003 by the government of karnataka, notifying the calendar of events for by-election to No. 5, humnabad assembly constituency. The dates of events of the said election are as hereunder :<FRM>JUDGEMENT_471_AIR(KAR)_2004Html1.htm</FRM>

(2.) ONE malikarjuna was appointed as a returning officer who was previously working as the assistant commissioner at basavakalyan sub-division up to 28-10-2002. Several persons filed nominations in the said election. The returning officer rejected the nomination of one ashok s/o masoodappa as a substitute candidate for bharatiya janatha party. The returning officer also accepted the nomination of one ashfoddin who is the 5th respondent in the present petition.

(3.) BEING aggrieved by the election results, declaring the 1st respondent as an elected candidate, the petitioner filed the present election petition under Section 81 of the representation of the People Act, 1951 on three grounds.