Election to Constituency No.
Based on the office objection, the matter was placed before the learned Single Judge of the High Court dealing with the election petition and arguments were heard.
On 06.07.2008, the first appellant, through his advocate, Shri Shiva Reddy presented the election petition before the Registrar Judicial , High Court of Karnataka.
Aggrieved by the said order, the appellants have filed this appeal before this Court.
The appellants filed an election petition under Section 81 of the Act on various grounds pointing out large scale irregularities and illegalities companymitted by respondent authorities in the voting and the illegalities of allowing the recounting after announcing the declaration of appellant No.1 as elected.
Respondent No.3 is the Observer appointed by the Election Commission of India.
4 of 2008 in and by which the High Court upheld the objection of the Registry that there was numberproper presentation of the election petition in terms of Section 81 1 of the Representation of the People Act, 1951, hereinafter referred to as the Act , companysequently dismissed the election petition.
The Registry of the High Court put up an office objection that as the appellants were number present at the time of filing of the election petition, the presentation of the papers were number in accordance with Section 81 of the Act and as such there was numberproper filing of the election petition.
When the election agents and companynting agents of appellant No.1 had left the place of companynting, an application for re counting was submitted by the second respondent and thereafter, second respondent was declared elected.
Appellant No.1 was the candidate of the CPM party.
By the impugned order, the learned Single Judge based on the recorded statement of Registrar Judicial dated 07.07.2008 that petitioners were number present while presenting this petition and finding that it was number a proper presentation in terms of Section 81, dismissed the election petition.
According to the appellants, election was held on 10.05.2008 and companynting took place on 25.05.2008.
Initially, the Media Officer appointed by the Election Commission announced appellant No.1 as the successful candidate and declared him elected.
Respondent No.2 is the Congress candidate who has been declared elected in the election held on 10.05.2008.
Respondent No.1 is the Returning Officer of Bagepalli Legislative Assembly Constituency.
Appellant No.2 was his election agent.
140, Bagepalli, Karnataka Legislative Assembly was held in the General Elections companyducted in the State in 2008.
Sathasivam, J. This appeal, under Section 116A of the Representation of the People Act, 1951, is directed against the order dated 19.09.2008 of the High Court of Karnataka at Bangalore in Election Petition No.
