K H SRINIVASA Vs. K S ESHWARAPPA

JUDGEMENT

(1.) this is an application under order 6, Rule 16 and order 7, Rule 11 of the Code of Civil Procedure read with sections 83 and 87 of the representation of the People Act, 1951, hereinafter referred to as "the act of 1951". By this application which is supported by an affidavit, it has been asserted and prayed that the present election petition filed by the opposite party i.e., the petitioner be rejected, after striking out the pleadings in the election petition so far as those pleadings relating to corrupt practices, referred to in paragraphs 6 to 12, along with the annexures-j, j-1, l, m and n.

(2.) the objections has also been filed to the said application by the election petitioner i.e., the opposite party to the interim application.

(3.) the brief facts of the case are that the general election to the 10th Karnataka legislative assembly was notified to take place on November 26, 1994 and the counting was scheduled to take place on December 9, 1994. That as per notification the period prescribed for filing of the nominations was from 24th october, 1994 to 31st of october, 1994. According to the petitioner who moved the election petition, he had filed his nomination paper as a candidate of Indian national congress on October 31, 1994, while the respondent (i.e., the present applicant) who was set up as bharatiya janata party candidate, had filed his nomination as bharatiya janata party candidate on October 27, 1994. After the scrutiny and expiry of the last date for withdrawal, the list of contesting candidates was published and the polling did take place on 26th of november, 1994. According to the petitioner the counting of the ballot papers did take place on 9th december, 1994 and the respondent in the election petition (i.e., the present applicant) Sri k.s. eshwarappa was declared to have been elected from 162, shimoga assembly constituency, to the Karnataka legislative assembly, as per election report published by the returning officer in form No. 21e. The candidates secured the votes as hereinafter in that election.