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Karnataka High Court
BASHIRUDDLN HALHIPPARGA - Appellant
Versus
RAJASHEKHAR BASAVARAJ PATIL - Respondent
Decided On : 06-22-04
Election Petition : 1 of 2003
maintainability - election petition - The court discussed the maintainability of the election petition and the disqualification of the elected candidate under Section 9A of the Representation of the People Act, 1951.
Fact of the Case:
The 1st respondent filed an election dispute after the 3rd respondent was declared as an elected candidate. The election petition was dismissed, but the civil appeal filed by the 1st respondent was allowed by the Supreme Court, setting aside the election of the 3rd respondent.
Finding of the Court:
The court found that the 3rd respondent had incurred disqualification under Section 9A of the Representation of the People Act, 1951, leading to the setting aside of the election.
Issues: The main issue was the disqualification of the elected candidate under Section 9A of the Representation of the People Act, 1951.
Ratio Decidendi: The court's decision was influenced by the interpretation of Section 9A of the Representation of the People Act, 1951, which led to the finding of disqualification and the setting aside of the election.
Final Decision: The election of the 3rd respondent was set aside due to the incurred disqualification under Section 9A of the Representation of the People Act, 1951.
( 1 ) ON the maintainability of the election petition. In the general election held in the month of sept. 1999 to No. 5, humnabad assembly constituency, the 3rd respondent subhash gurulingappa kallur, was declared as an elected candidate. The first respondent-rajashekar basavaraj patil filed an election dispute in e. p. No. 13/99 before this court. The said petition came to be dismissed on merits. Being aggrieved by the dismissal of the election petition, the 1st respondent filed a civil appeal before the hon. Supreme court of India in civil appeal No. 5667/01 which appeal came to be allowed and the election of the 3rd respondent was set aside on the ground that he had incurred disqualification to contest the election under Section 9a of the representation of the People Act, 1951. Thereafter, a notification was issued on 22-1 -2003 by the government of karnataka, notifying the calendar of events for by-election to No. 5, humnabad assembly constituency. The dates of events of the said election are as hereunder :
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