P SHARADAMMA Vs. MARITHIBBEGOWDA

JUDGEMENT

(1.) THE respondent has filed an application I. A. I. /2006 under O. 7, R. 11 of c. P. C, 1908, read with Section 87 of the representation of the People Act, 1951, requesting the Court to reject the above election petition as the same does not disclose a cause of action. In the affidavit filed in support of the said application he has reiterated what he has stated in the statement of objections filed to the election petition.

(2.) THE petitioners have preferred this Election Petition under Section 81 of the Representation of the People Act, 1951, (hereinafter for short referred to as 'the Act') for a declaration that the election of respondent Sri marithibbegowda from Karnataka South teachers Constituency of Karnataka State to the Karnataka Legislative Council declared on 19-6-2006 as null and void and set aside the same and for other consequential reliefs.

(3.) PETITIONERS contested for Legislative council Election from Karnataka South teachers Constituency in the election held on 17-6-2006. The Karnataka South Teachers constituency consists of Mysore, chamrajnagar, Mandya and Hassan Districts. The calendar of events was issued on 24-5-2006 as per Annexure-A. The last date for submitting the nomination paper was 31-5-2006. The last date for withdrawal of the nomination was 3-6-2006. The date of election was fixed on 17-6-2006. After the last date for withdrawal, 11 candidates remained in the election fray including the petitioners herein. The list of contesting candidates are produced as Annexure-B.