The election petitioner is in appeal.
An application to the same effect was made by the first respondent he also moved an application praying that the election petition be dismissed because of the impleadment of respondent number.
2001 Supp 4 SCR 12 The Judgment of the Court was delivered by BHARUCHA, J. The election to the 11th Karnataka Legislative Assembly from 167 Shikaripura companystituency was held on 11th September, 1999.
The appellant was one of the candidates at the election and he filed an election petition in the High Court of Karnataka.
4 and 5.
Respondent No.
2 and 3, and the Returning Officer and the District Election Commissioner, as respondent number.
he prayed therein that the election of the first respondent be declared void and that he, the appellant, be declared duly elected.
Respondent number.
4 and 5.
He dismissed the election petition under the provisions of Section 86 1 of the Representation of the People Act, 1951 the said Act because parties other than those mentioned in Section 82 of the said Act had been impleaded thereto.
The latter two were impleaded because of the allegations made against them in the election petition.
By the judgment and order under challenge, a learned single Judge of the High Court allowed the latter application.
To the election petition were impleaded the other two companytesting candidates, namely, respondent number.
1 was declared elected.
4 and 5 moved an interim application in the election petition praying that their names be deleted from the array of parties thereto.
