JUDGMENT

Pattanaik, J.-This appeal is directed against the order dated 28.11.2000 of the Karnataka High Court passed in an Interlocutory Application No. 31 of 1999. The appellant was declared elected to the Karnataka Legislative Assembly from 35-Sandur Assembly Constituency in the Election held during September 1999. Respondent No. 5, Heroji Lad had also contested the said election and had secured the second highest number of votes. Shivaji Rao Poal, who was the Election Agent of said respondent No. 5, filed the Election Petition under Section 81 of the Representation of People Act, 1951 (hereinafter referred to as The Act ) challenging the election of the appellant on various grounds including the ground of commission of corrupt practice. In accordance with the prescribed procedure, the appellant on being served with the notice of the Election Petition, appeared before the High Court and filed an application for dismissal of the Election Petition under Section 86 of the Act on the ground that there has been non-compliance of Section 117 of the Act. The High Court by the impugned order having rejected the preliminary objection and having held the Election Petition to be maintaina