( 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 :