Judgment

SHAH, J. :- Vishwanatha Reddy was declared elected to the Mysore Legislative Assembly from the Yadgiri constituency at the poll held in February 1967. Nadgouda who was a contesting candidate filed a petition before the High Court of Mysore for an order setting aside the election of Reddy on the ground that Reddy was disqualified from standing as a candidate for election and for an order declaring that he - Nadgouda ---be declared elected. The High Court rejected the petition. In appeal, this Court held that at the date of nomination Reddy was disqualified from standing as a candidate and passed an order on July 19, 1968 that-

". . . . . . . the appeal is therefore allowed, the election of the first respondent is declared void. In this view of the matter the votes cast in favour of the first respondent be treated as thrown away. As there was no other contesting candidate we declare the appellant (election petitioner) elected to the seat from the Yadgiri constituency."

2. Reddy then applied for review of judgment and claimed , relying upon the decision of this Court in Keshav Laxman Borkar v. Dr. Devrao Laxman Anande (1960) 1SCR 902 that in the circumstances of the case no ord