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2022 Supreme(SC) 934

UDAY UMESH LALIT, INDIRA BANERJEE, AJAY RASTOGI
S. Rukmini Madegowda – Appellant
Versus
State Election Commission – Respondent


Advocates appeared:
For the Petitioner(s): Ms. Amrita Sharma, Adv. Mr. Darpan K.M., Adv. Mr. Rajat J. Shaw, Adv. Ms. Rashi Bansal, AOR
For the Respondent(s): Mr. Shailesh Madiyal, AOR Mr. Vaibhav Sabharwal, Adv. Mr. Vinayaka S. Pandit, Adv. Mr. Sudhanshu Prakash, Adv. Mr. Rajan Parmar, Adv.

JUDGMENT :

Indira Banerjee, J.

Leave granted.

2. This Special Leave Petition under Article 136 of the Constitution of India is against a judgment and order dated 26th May 2021 passed by the Hon’ble High Court of Karnataka at Bengaluru, upholding the judgment and order dated 14th December 2020 of the Principal District and Sessions Judge, Mysuru, allowing Election Petition No.4 of 2018 and setting aside the election of the Appellant to the Mysore Municipal Corporation as Councillor from Ward No.36-Yeraganahalli, Karnataka.

3. Sometime in 2018, the Appellant filed her nomination for election to the Mysore Municipal Corporation, as Councillor from Ward No.36-Yeraganahalli in Karnataka, which was reserved for Backward Class-B (Women), along with a declaration by way of an affidavit, furnishing details of the movable and immovable properties held by the Appellant as well as her spouse and dependents, which is hereinafter referred to as the “Affidavit of Assets”.

4. In August 2018, elections to the Mysore Municipal Corporation were held. On 3rd September 2018, the results of said elections were declared. The Appellant was declared as successfully elected Councillor from the said Ward No.36, t

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