P SHARDAMMA Vs. MARITHIBBEGOWDA

JUDGEMENT

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

(2.) THE petitioners contested for Legislative council Election from Karnataka South teachers Constituency held on 17-6-2006. The Karnataka South Teachers Constituency consists of Mysore, Chamarajnagar, Mandya and Hassan Districts. The calendar of events was issued on 24-5-2006. 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.

(3.) IN the election held on 17-6-2006, the first respondent was declared as elected on securing 8807 votes. The first petitioner was eliminated in the 10th round. The second petitioner was eliminated in the 11th round. Thereafter first respondent was declared as elected.