B R PATIL Vs. RAJEEV CHANDRASHEKAR

JUDGEMENT

(1.) THE petitioner herein who is a satting member of the Karnataka legislative Assembly representing Aland Constituency in Gulbarga district is calling in question the legality and correctness of the elections held on 28 - 3 - 2006 to the Council of States (Rajya Sabha ). The respondents 1 to 4 are the returned candidates in the said election. The petitioner has filed this petition as a voter.

(2.) THE petitioner in this petition is requesting the Court to declare the election of the returned candidates namely respondents 1 to 4 as void on the ground that (i) the respondents 1 to 4 have committed electoral offences corrupt practices under Section 123 (2) of the representation of People Act, 195 l. (ii) that there is an interference with the free exercise of votes and threats were held to the voters and (iii) that there is violation of Provisions of Section 128 and the rules framed under the R. P. Act. Further to declare the election of the respondents 1 to 4 as void and of no effect and to direct the Election commissioner of India to hold fresh election in accordance with law and to dis - qualify the respondents 1 to 4 under Section 101 of the act.

(3.) ACCORDING to the petition averments, there were 5 candidates in the election and out of the 5 candidates 4 were required to be elected to the Counsil of States (Rajya Sabha ). The main contentions of the petitioner before this Court is that the candidate set up by the respective political parties decided to issue whip to the M. L. As, directing them to cast their votes; in favour of the candidates set up by such political party and the disobedience of the whip would incur disqualifications and the M. L. As would loose their seats. Taking advantage of the same, Sri H. D. Kumara Swamy, Leader of the janatha Dal (Secular) Party and the Chief Minister of Karnataka and dr. K. Annadani, Chief Whip otf Janatha Dal (Secular) Legislature party issued a whip to all the M. L. A. s of their party. In order to further ensure that the whip is faithfully obeyed the Hon'ble Chief minister further took the step of appointing observers at the time of polling and to show the marked ballot papers as to whom they have voted. One Sri Yogish Bhat - a BJP M. L. A. was appointed as a representative to oversee the voting on behalf of the BJP candidate (4th respondent ). Similarly the Hon'ble Chief Minister through dr. K. Annadani had sent a whip to 57 members of J. D. (S) by courier. Along with the whip. a proforma ballot paper was also sent to the m. L. A. s with a direction to give the first and second preferential votes to R2 and R1 respectively. In order to ensure the obedience of the whip one Sri Basavaraja Ray Reddy and Sri Bhosaraju were appointed to oversee the voting by M. L. As. One Sri Srikantegowda had been appointed by the J. D. (S) party to oversee the voting by the m. L. As. As per the whip received by the M. L. As the voters showed the marked ballot papers to the above named representatives of the political parties and that the respondents 1 to 4 have been got elected. Contending that issuance of whip and showing of marked ballot papers by the voters to the representatives of the political party would amount to corrupt practices and undue influence and that they have interfered directly with the free exercise of votes, the present petition is filed.