MOHANDAS SHIVARAY SHIROOR Vs. DISTRICT ELECTION OFFICER AND THE DEPUTYCOMMISSIONER UTTARA KANNADA DISTRICT KARWARAND

JUDGEMENT

(1.) in this petition under Section 81 of the Representation of the People Act, 1951, the petitioner challenged the election of the fourth respondent as a member of the Karnataka legislative assembly at the general elections held on 26-11-1994. The petitioner seeks a declaration that the declaration made by the 2nd respondent-returning officer entitling the fourth respondent to contest in the reserved constituency as a scheduled castes candidate is null and void. He further prays that an enquiry into the issuance of a false caste certificate in favour of the fourth respondent may be directed.

(2.) the facts in brief are as follows:

(3.) sirsi-siddapur constituency No. 168 is reserved to the scheduled castes, for election to the 10th Karnataka legislative assembly at the general elections held on 26-11-1994. The petitioner and the fourth respondent filed nominations as representing the Karnataka congress party and janatadal party respectively. The fifth respondent filed his nomination on behalf of the bharatiya janata party. These nominations were accepted and after contest, the second respondent declared the fourth respondent as elected.