Judgment

Dr. ANAND, J.:- On 25th of September, 1992, the election of the appellant, Mr. Quamarul Islam, from 10 Gulbarga Assembly Constituency was set aside by the High Court of Karnataka by allowing an Election Petition filed by the defeated candidate, respondent No. 1, Shri S. K. Kanta. The aggrieved, unseated candidate, (appellant) has filed this appeal under S. 116A of the Representation of the People Act, 1951 (hereinafter referred to as Act).

2. On 24-11-1989, elections were held to the Karnataka Legislative Assembly. The appellant contested the election as a candidate of Muslim League from 10 Gulbarga Assembly Constituency. The election petitioner, respondent No. 1 herein contested the election as a candidate of Janta Dal Party. While the appellant secured 55801 votes respondent No. 1 secured 51204 votes. There were other candidates also in the fray belonging to different political parties besides six independent candidates. Respondent No. 2 contesting on the ticket of Congress (1) secured 12,675 votes while all other candidates secured insignificant number of votes. Respondent No. 1 questioned the election of the appellant through an Election Petition on various grounds, alle