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Karnataka High Court
Judges : N.Kumar
P.SHARADAMMA - Appellant
Versus
MARITHIBBEGOWDA - Respondent
E. P 2 Of 2006
Decided On : 10/12/2007
Advocates Appeared :
ASHOK HARANAHALLI, B.M.Arun, G.Kirshnamurthy, G.V.SHANTHARAJU, H.D.AMARANATHAN, KESVY
Cases Referred: AIR 2001 SC 3689 ; AIR 1999 SC 1125; AIR 1954 SC 520; AIR 1970 SC 314; AIR 1970 SC 340; AIR 1971 SC 1348; AIR 1973 SC 2602; (2000) 8 SCC 46
Representation of People Act, 1951 - Section 2(1)(e) - Inclusion of a persons name in electoral roll - Effect. [N. Kumar, J.]: The definition of the word elector in Section 2( 1)( e) of the 1951 Act would indicate that a person whose name is actually entered in the electoral roll for the time being and who is not subject to any of the disqualifications in Section 16 would be an elector. Any person who is a citizen of India and who has attained the age as prescribed by law, subject to the minimum as provided in Article 326, is entitled to be registered as a voter in the roll of electors. He should not also be subject to any of the disqualifications prescribed by Parliament by law on the grounds mentioned in the Article.
Cases Referred: AIR 2001 SC 3689 ; AIR 1999 SC 1125; AIR 1954 SC 520; AIR 1970 SC 314; AIR 1970 SC 340; AIR 1971 SC 1348; AIR 1973 SC 2602; (2000) 8 SCC 46.
Constitution of India - Article 326 - Inclusion of a persons name in electoral roll - Effect. See, Representation of People Act, 1951.
Cases Referred: AIR 2001 SC 3689 ; AIR 1999 SC 1125; AIR 1954 SC 520; AIR 1970 SC 314; AIR 1970 SC 340; AIR 1971 SC 1348; AIR 1973 SC 2602; (2000) 8 SCC 46.
Representation of People Act, 1950 - Section 30 - Jurisdiction of Court - If a persons name is included in electoral roll who did not possess prescribed qualification under Constitution and such person casts his vote, it amounts to non-compliance of Constitution - Court can go into the dispute in an election petition.
Cases Referred: AIR 2001 SC 3689 ; AIR 1999 SC 1125; AIR 1954 SC 520; AIR 1970 SC 314; AIR 1970 SC 340; AIR 1971 SC 1348; AIR 1973 SC 2602; (2000) 8 SCC 46.
Representation of People Act, 1950 - Sections 14 to 20, 27 and 30 - Principles under - Preparation of electoral roll, conditions of registration, jurisdiction of civil court etc., - Stated. [N. Kumar, J.]: The fountain source of the 1950 Act and the 1951 Act are the two Articles 326 and 327 of the Constitution, which contemplate qualifications and disqualifications being provided for, amongst other things, by the appropriate legislature. Article 326 expressly provides that elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage. That is to say, every person who is a citizen of India and who is notless than 18 years of age on such date as may be fixed in that behalfby or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election. Article 327 of the Constitution deals with the power of Parliament to make provisions with respect to elections to Legislatures. The aforesaid two enactments are passed by the Parliament by virtue of such power.
Cases Referred: AIR 2001 SC 3689 ; AIR 1999 SC 1125; AIR 1954 SC 520; AIR 1970 SC 314; AIR 1970 SC 340; AIR 1971 SC 1348; AIR 1973 SC 2602; (2000) 8 SCC 46.
Representation of People Act, 1951 - Preamble - Object of the Act - Stated. [N. Kumar, J.]: The Representation of People Act, 1951 (Act No.43 of1951) was enacted to provide for the conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.
Cases Referred: AIR 2001 SC 3689 ; AIR 1999 SC 1125; AIR 1954 SC 520; AIR 1970 SC 314; AIR 1970 SC 340; AIR 1971 SC 1348; AIR 1973 SC 2602; (2000) 8 SCC 46.
( 2 ) THE petitioners have preferred this Election Petition under Section 81 of the Representation of the People Act, 1951, (hereinafter for short referred to as 'the Act') for a declaration that the election of respondent Sri marithibbegowda from Karnataka South teachers Constituency of Karnataka State to the Karnataka Legislative Council declared on 19-6-2006 as null and void and set aside the same and for other consequential reliefs.
( 3 ) PETITIONERS contested for Legislative council Election from Karnataka South teachers Constituency in the election held on 17-6-2006. The Karnataka South Teachers constituency consists of Mysore, chamrajnagar, Mandya and Hassan Districts. The calendar of events was issued on 24-5-2006 as per Annexure-A. The last date for submitting the nomination paper was 31-5-2006. The last date for withdrawal of the nomination was 3-6-2006. The date of election was fixed on 17-6-2006. After the last date for withdrawal, 11 candidates remained in the election fray including the petitioners herein. The list of contesting candidates are produced as Annexure-B.
( 4 ) IN the election held on 17-6-2006, the first respondent was declared as elected on securing 8807 votes. The certified copy of the return of election indicating the number of votes secured by each candidate is produced as Annexure-C. The voting statistics in respect of each polling station is produced as per annexure-D. The first petitioner got eliminated in the 10th round which benefited the first respondent. The second petitioner was eliminated in the 11th round and thereafter first respondent was declared as elected. Only the difference between the petitioners and the winning candidate was a marginal difference in all the rounds.
( 5 ) THE draft voters' list was issued on 12-12-2005 and the modified voters' list was issued on 1-3-2006. On 31-5-2006 in respect of these voters list several objections were filed pointing out that the names have eer, the Electoral Registration officer and Asst. Electoral Registration Officer have not bothered to verify the conditions of the eligibility of the voters and have permitted several ineligible persons to cast their votes in the election. The State Government has issued a notification on 28-8-1962 under Section 27 (3) of the RP Act specifying the type of educational institutions for the purpose of conducting election to the Legislative Council in the Teachers Constituency. The said notification only enumerates the type of educational institutions without giving details of the name of the institution. The same notification is being followed even though several new educational institutions have come up as on day. The election which is held on the basis of the list prepared on 28-8-1962 will not be a valid election as it does not take within its fold several other educational institutions. The teachers engaged in all educational institutions which are higher than that of Secondary School are entitled to exercise their franchise. Prescribing of the educational institutions will have to be done prior to every election. Article 171 of the Constitution states that a person should be engaged in teaching "in such educational institutions within the State, not lower in standard than that of a Secondary School, as may be prescribed by or under any law made by the Parliament". It is therefore necessary to prescribe a list of all educational institutions throughout Karnataka State. It is not enough if the list contains only certain types of educational institutions. Hence, the petitioners s
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