(1.) This petition lays a challenge to the election of 1st Respondent - Smt.Roopakala M (hereafter called 'Returned Candidate') from 146-Kolar Gold Field (SC) Constituency of Karnataka Legislative Asembly-2023. Petitioner has also sought for a declaration to disqualify the Returned Candidate from contesting the elections, on the fault grounds. The petition is structured on the principal grounds, succinctly stated as under:
(2.) After service of notice, Returned Candidate and others have entered appearance through their counsel. Respondent No.9 has filed his Written Statement on 9/10/2023 supporting the case of Petitioner and seeking invalidation of the election. Returned Candidate has also filed a Written Statement on 16/12/2023, resisting the petition. She has moved the subject two applications viz., the one for striking off the pleadings of petitioner and the other for the rejection of petition for want of cause of action. Petitioner has filed his Objections to these applications. This court vide order dtd. 2/2/2024 recorded the unanimous submission of all, that the pleadings have been completed and the time for filing pleadings by others has statutorily lapsed. Therefore, matter was posted for the inspection of documents. I am told at the Bar that this inspection has been done. Contesting parties have filed the draft issues.
(3.) BRIEF FACTS: