( 1 ) THE petitioner is a permanent resident of Karwar City and a voter of No. 172, Karwar Assembly Constituency. In the 1999 elections, results of which were declared on 6-10-1999, one Vasanth Kamalakar Astonikar was declared as having been elected. That has been challenged by the 4th respondent in Election Petition No. 19/1999 pending on the file of this Court. In the said election petition, the 4th respondent has sought the following reliefs : (I) a declaration that the election of V. K. Astonikar to fill seat No. 172-Karwar Assembly Constituency is void under Section 100 (1) (b) of the Representation of the People Act, 1951, for having committed corrupt practice under Section 123 (3) of the said Act. (II) For a declaration that he has been duly elected from the said Constituency under Section 101 (a) of the Act and declare him as having been elected under Section 101 (b) of the Act for having secured more number of valid votes than the said V. K. Astonikar who has been declared as elected on account of the corrupt practice by him.

( 2 ) DURING the pendency of the said petition, the elected candidate namely, V. K. Astonikar was murdered on 19-2-2000. Having