LAWS(KAR)-2009-10-1

KAVITHA MAHESH Vs. CHIEF ELECTION COMMISSIONER

Decided On October 08, 2009
KAVITHA MAHESH Appellant
V/S
CHIEF ELECTION COMMISSIONER Respondents

JUDGEMENT

(1.) This application under Order VI Rule 16 of Code of Civil Procedure (for short 'the CPC') is by the respondent in an election petition presented under Section 81 of the Representation of People Act, 1951 (for short, the Act).

(2.) The petitioner, who claims to have made an attempt to file her nomination papers for seeking election to the Karnataka State Legislative Assembly from the K. R. Puram constituency and whose nomination papers did not even elicit any response from the returning officer, even as to accept the same forget about scrutiny and opining on the quality and fate of the nomination, has presented the election petition invoking grounds of Section 100 (1)(c) of the Act, seeking for the following relief :

(3.) To the petition, the Chief Election Commissioner, Election Commissioners and Election Commission of India, the Chief Electoral Officer, State of Karnataka, the District Electoral Officer, Bangalore urban district and the Returning Officer, K. R. Puram assembly constituency have been arrayed as respondents 1 to 4 respectively, whereas the returned candidate figured as fifth respondent to the election petition.