RAMU Vs. SUNIL VALLAPURE

JUDGEMENT

(1.) THIS is an election petition presented under Section 81 of the representation of the People Act, 1951 (for short, 'the Act'), by a candidate who had aspired to get elected to the Karnataka Assembly from Shahabad constituency in Chittapur Taluk of Gulbarga District. It was a case of so near and yet so far for the petitioner who had managed to poll a total number of 31,602 valid votes as against 32,610 votes polled by the respondent 1 who was declared elected by the Returning officer while announcing the result of the elections.

(2.) IT is this declaration that is called in question through this election petition by the petitioner, the nearest rival to the elected candidate. A perusal of the pleadings in the election petition, inter alia, indicates that the election is sought to be set aside mainly on the ground of the returned candidate having indulged in corrupt practices and also that he was disqualified on the date of the election for contesting the election to the Assembly.

(3.) PETITIONER has also sought for a declaration in his favour on the premise that if the result in favour of the elected candidate is set aside, the petitioner being the nearest person who had polled the next highest votes, should be declared as the duly elected candidate from this constituency.