PRASANNA KUMAR Vs. G.M. SIDDESHWAR

JUDGEMENT

(1.) THE petitioners have challenged the validity of the election of the respondent to the 15th Lok Sabha from 13 Davanagere Lok Sabha Constituency at the election held on 30.4.2009 and the result of the election declared on 16.5.2009.

(2.) THE respondent had filed Misc.Cvl.386/2010 in E.P.No.2/2009 invoking Section 81(3), 83 and 86 of the Representation of the People Act, 1951 (hereinafter called 'the R.P. Act ' for short) read with Order VII Rule 11 of CPC for the dismissal/rejection of the election petition and Misc.Cvl.No.1431/2010 invoking Order VI Rule 16 of CPC for striking out paragraph Nos.1(III) (i) to (iv), II(2) to (17). By a common order, dated 24.2.2010 both the applications were disposed of with a direction to the petitioner to attest each copy of the election petition and its annexures as the true copy. The respondent Nos.2 to 28 were ordered to be deleted from these proceedings. Paragraph Nos.III(iv) and II(15) of the election petition were ordered to be struck out.

(3.) THE order, dated 24.2.2010 in E.P.No.2/2009 was challenged before the Hon 'ble Supreme Court by filing SLP(C)Nos.14172 -14173/2010 - Civil Appeal Nos.2250 -2251/2013. The Hon 'ble Supreme Court passed the interim order on 13.5.2010 as follows: ''Trial shall go on, but no final order be in the meantime ''. Similarly, the order, dated 22.6.2010 in E.P.No.3/2009 was challenged by filing SLP(C) Nos.24886 -24889/2010 - Civil Appeal Nos.2252 -2255/2013. The Hon 'ble Supreme Court, by its interim order, dated 1.9.2010 directed that the judgment in E.P.No.3/2009 shall not be announced till further orders. The Hon 'ble Supreme Court dismissed the said appeals on 8.3.2013.