M C SUNDARESHAN, Vs. H C MAHADEVAPPA,

JUDGEMENT

(1.) IN this election petition, petitioner has challenged the election of the 1st respondent to the Karnataka Legislative Assembly from T.Narasipura (SC) Constituency for which elections were held on 05.05.2013 as illegal and void. He has sought for re -count of votes secured by all the contesting candidates and for declaration that the petitioner has been duly elected.

(2.) ELECTION to T.Narasipura (SC) Constituency to the Legislative Assembly of the State of Karnataka was held on 05.05.2013. Petitioner contested as a candidate from Janata Dal (Secular) Party (for short, 'JDS'). The 1st respondent contested from Indian National Congress Party. Counting of votes took place on 08.05.2013. The 1st respondent was declared elected by a margin of 323 votes against the petitioner. This election petition is presented urging that the 1st respondent, his agents and party leaders in collusion with the Returning Officer and the Assistant Returning Officer committed fraud and indulged in various irregularities during the counting process to help and favour the 1st respondent so as to ensure his success though the returned candidate did not secure the number of votes as indicated in his favour. As there were in all 16 candidates who contested the election including the petitioner, all the contestants have been made as party respondents to this petition.

(3.) IT is the case of the petitioner that as per the declaration of results of the election, the 1st respondent secured 53,219 votes as against 52,896 votes secured by the petitioner as was evident from Form No.21C. The counting of votes took place on 08.05.2013 at J.S.C. College, Nanjangud Road, Mysore. The strong room where the Electronic Voting Machines were kept was not opened in the presence of the petitioner or the counting agents of the petitioner, though the counting agents and the election agents were present in the counting centre. This was objected to by the counting agents. The Returning Officer and the Assistant Returning Officer ignored the objections.