A.N.SEN, RANGANATH MISRA, P.N.BHAGWATI
P. Nalla Thampy Thera – Appellant
Versus
B. L. Shanker – Respondent
JUDGMENT
RANGANATH MISRA, J. :—This appeal by special leave is directed against the order dated June 23, 1981 passed by the Karnataka High Court in Miscellaneous Petition No. 1/81 arising out of Election Petition No. 76 of 1979.
2. On November 5, 1978, polling took place for electing a member to the Lok Sabha from No. 20 Chikmaglur Constituency and the result of the election was declared on November 8, 1978. Respondent No. 2 was declared elected. In all 28 candidates had participated in the election. One of the contenders for the seat filed Election Petition No. 76 of 1978 before the Karnataka High Court on December 20, 1978 impleading the returned candidate as also all other contesting candidates and three outsiders asking for setting aside the election of respondent 2 under Section 100 (1) (b) of the Representation of the People Act, 1951 (Act for short), declaring Shri Virendra Patil, respondent 5 of the election petition, as the duly elected candidate from the constituency and for an order declaring respondents 2, 3 and 4 of the election petition to have been guilty of corrupt practices within the meaning of Section 123 of the Act. In view of the reliefs claimed it became necess
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