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1983 Supreme(SC) 398

V.D.TULZAPURKAR, SABYASACHI MUKHARJEE
D. P. Sharma – Appellant
Versus
Commissioner And Returning Officer – Respondent


Advocates:
B.R.L.Iyengar, C.S.S.RAO, G.S.NARAYAN, M.A.Firoz, N.Nettra, R.K.GARG, RANI JETHMALANI, S.BHARADVAJ, S.N.BHATT

JUDGMENT

TULZAPURKAR, J. :— There is no substance in this election appeal which has been preferred by the defeated candidate.

2. Election to the Lok Sabha seat from the 13th Bangalore South Parliamentary Constituency in the State of Karnataka was held on January 6, 1980. The appellant was a Congress (I) candidate while respondent No. 12 was a Janata candidate; respondent No. 12 having polled the highest number of votes, namely, 1,98,390 votes as against 1,95,663 votes polled by his nearest rival the appellant was declared elected; 8,067 votes were rejected as having been invalidly cast. The election of respondent No. 12 was challenged by the appellant by filing an election petition in the Karnataka High Court on several grounds. None of the grounds succeeded and his petition was dismissed. Hence this appeal.

3. In support of the appeal substantially only one contention was urged by counsel for the appellant. According to him, the records which are required to be maintained under Rules 45 and 56 of the Conduct of Election Rules, 1967 contained discrepancies and irregularities which showed that the entire counting process was defective necessitating a recount of the votes. Counsel poin





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