LAWS(KAR)-2009-4-18

V NAGARAJ Vs. STATE OF KARNATAKA

Decided On April 22, 2009
V NAGARAJ Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) ELECTION to Karnataka Legislative Assembly was held on 10. 5. 2008 and the petitioner had contested the election as an independent candidate in Gandhinagar Constituency, Bangalore. In the results announced, the 5th respondent was declared elected. The petitioner had filed this Election Petition originally with the following prayers:-

(2.) UPON verification of the Election petition, the office found that the petition presented was not in accordance with Section 81 of the Representation of People Act, 1951 (hereinafter referred to as 'the Act' and raised the following objections:-

(3.) THEREAFTER, as per the office note, except office objections (2) and (15), the other objections have been complied with. It is curious to note that in the guise of complying with the office objections, the counsel for the petitioner has retained page Nos. 1 and 2 of the petition and replaced the other pages by virtually amending the election petition inserting the following to the pleadings :-