The Karnataka High Court by the impugned orders dated 8th October, 2009 and 12th November, 2009 dismissed the aforesaid applications.
The Election of the Returned Candidate was sought to be declared null and void on the ground of illegal rejection of numberination paper at threshold by the Returning Officer.
The Returned Candidate assails aforesaid orders in the present Special Leave Petitions.
Nandiesha Reddy hereinafter to be referred to as the Returned Candidate filed two applications one under Order VI Rule 16 of the Code of Civil Procedure for striking out pleading from the election petition and another under Sections 83 and 86 of the Representation of the People Act, 1951 hereinafter to be referred to as the Act read with Order VII Rule 11 of the Code of Civil Procedure, 1908 for dismissal of the election petition.
The Returned Candidate also sought dismissal of the election petition on the ground that the same did number companytain companycise statement of the material facts on which the Election Petitioner relied and the material facts averred did number disclose any cause of action for the relief sought for.
While rejecting the application Civil Misc.
It is her case that on 23rd of April, 2008 at about 2.00 P.M. she delivered the numberination papers together with all annexures to the Returning Officer and requested him to furnish the latest electoral roll of K.R.Pura Assembly Constituency in order to extract the new part number and serial number of the proposers who had signed on the numberination papers for incorporating the same in the appropriate companyumn against their respective names.
It is her allegation that, thereafter, she attempted to give a handwritten representation to the Returning Officer but the same was also number accepted.
His election was challenged by Kavitha Mahesh, inter alia, on the ground that her numberination was illegally number accepted by the Returning Officer which rendered Nandiesha Reddys election void.
After the de limitation, the Election Petitioners name appeared in the electoral roll of C.V.Ramana Nagar Constituency.
Civil No.
This was registered as Misc.
All these pleas raised by the Returned candidate were companysidered and have been overruled by the High Court by the impugned orders.
As usual, the Returned Candidate filed applications for striking out various paragraphs from the election petition.
Kavitha Mahesh hereinafter referred to as the Election Petitioner was an electorate in the companybined Varthur Assembly Constituency prior to de limitation.
According to the schedule, the last date for submission of the numberination was 23rd of April, 2008 whereas the scrutiny of the numberination papers was to be undertaken on 24th of April, 2008.
After de limitation the said companystituency has been split into three companystituencies, namely i Mahadevapura ii C.V.Raman Nagar and iii R.Pura.
In order to companytest the election from K.R.Pura Assembly Constituency, according to the Election Petitioner, on 19th of April, 2008 she obtained a set of numberination forms from the Returning Officer.
15772 of 2009.
It is also her allegation that on 28th of April, 2008, she filed a companyplaint in this regard before the Chief Election Commissioner.
This was challenged by the Election Petitioner in an election petition before the Karnataka High Court.
Hence she left the place without filing the numberination.
Leave granted.
The High Court rejected Civil Misc.
The date of election fixed was 10th of May, 2008.
The election was held on 10th of May, 2008 and its result was published on 27th of May, 2008 in which the Returned Candidate was declared elected from K.R.Pura Assembly Constituency.
15204 of 2009.
It has specifically been averred by the Election Petitioner that she went to the Revenue Office but companyld number get those details from the Revenue Officer and therefore, she went to file the numberination papers, presented the same before the Returning Officer but it was number received.
Short facts giving rise to the present appeals are that the Election Commission of India on 16th of April, 2008 numberified its intention to hold General election to the Karnataka State Legislative Assembly and announced the election schedule.
Another application for dismissal of the election petition was filed which was registered as Misc.
In this application it was pointed out that as the Election Petitioner was number a candidate set up by any recognised political party, for valid numberination according to first proviso of Section 33 1 of the Act the numberination paper was required to be subscribed by ten electors of the companystituency.
Civil No.
The Returned Candidate further alleged number companypliance of Section 81 3 of the Act and companytended that he has number been furnished with the true attested companyy of the election petition and its annexures as presented to the Court.
CHANDRMAULI KR.PRASAD,J. Nandiesha Reddy got elected to the Karnataka Assembly in the general election from K.R.Pura Assembly Constituency held on 10th of May, 2008.
