( 1 ) BY this petition, the petitioner has sought a declaration to the effect that declaration of election of the respondent No. 1 vide Annexure-A declaring respondent No. 1 as returned candidate from 167. Shikaripura Assembly Constituency, is illegal, null and void as per Section 100 (b) and (d) (ii) and (iv) of the Representation of the People Act, 1951 and for declaration that the petitioner is the returned candidate from the said constituency as per Section 101 (b) of the Representation of the People Act, 1951.

( 2 ) THE election to the eleventh Karnataka Legislative Assembly from 167, Shikaripura Constituency and to the 13th Lok Sabha for 21 Shimoga Parliamentary Constituency were held simultaneously on 11-9-1999. The result of that election was declared on 6-10-1999. The 1st respondent in the petition namely Mahalingappa was declared elected to the Legislative Assembly from this constituency. The petitioner has sought the declaration of election to be null and void.

( 3 ) THE grounds of election and the allegations made thereunder in the election petition are said to be under Section 100 (b) and (d ). The election petitioner in the petition has impleaded the