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2024 Supreme(SC) 1351

SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
Syeda Noor Fatima Zaidi – Appellant
Versus
Heena Urooz – Respondent


Advocates appeared:
For the Petitioner(s): Ms. Supreeta Sharanagouda, AOR Mr. Sharanagouda Patil, Adv. Mrs. Supreeta Sharanagouda Patil (aor), Adv. Mr. Jyotish Pandey, Adv.

JUDGMENT :

SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH, JJ.

1. Heard learned counsel for the appellant.

2. Leave granted.

3. These appeals arise against the Final Judgment and Order passed by a learned Single Judge of the Karnataka High Court, Kalaburagi Bench (hereinafter referred to as the ‘High Court’) on 28.07.2023 (hereinafter referred to as the ‘Impugned Order’1 [2023 KHC-K 6083]) whereby the High Court partly allowed appeal bearing MFA2 [Abbreviation for Miscellaneous First Appeal] No. 201854 of 2022 filed by Respondent No. 1 and dismissed the appeal bearing MFA No. 202002 of 2022 filed by Respondent No. 2.

FACTS:

4. Notification dated 11.08.2021 was issued by the Karnataka State Election Commission notifying elections to the posts of Councillors of the Municipal Corporation, Kalaburagi (hereinafter referred to as the ‘Corporation’). There were six candidates who had filed their nominations and were found to be eligible to contest in respect of Ward No. 24.

5. Elections were held on 03.09.2021 and the results were declared on 06.09.2021. R2 had secured 1587 votes; the Appellant had secured 1027 votes; R3 had secured 594 votes; R4 had secured 271 votes; R1 had secured 47 votes and R5 h

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