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 the 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.

2. The petitioners contested for Legislative Council Election from Karnataka South Teachers Constituency held on 17-6-2006. The Karnataka South Teachers Constituency consists of Mysore, Chamarajanagar, Mandya and Hassan Districts. The calendar of events was issued on 24-5-2006. 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.

3. In the election held on 17-6-2006, the first respondent was declared as elected on securing 8807 votes. The first petitioner was eliminated in the 10th round. The second petitioner was eliminated in the 11th round. Thereafter first respondent was declared as elected.

4. The case of the petitioners is that, 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 been wrongly included in the voters list. On the basis of the objections, certain names were deleted. However, the Electoral Registration Officer and Assistant 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 voters in the election. The State Government has issued a notification on 28-8-1962 under Section 27(3) of the Act of 1950 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 names of the institutions. 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 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 certain types of educational institutions only. The entire basis for conducting the election is the prescribed list of educational institutions. In the absence of such a list of educational institutions, there can be no valid election held for the Legislative Council. Hence, the petitioners submit that the non-prescription of the educational institutions itself would invalidate the entire election. It also amounts to improper reception of votes and improper refusal of votes of the teachers working in several educational institutions. Therefore, the election is liable to be declared as invalid for not complying with Article 171 of the Constitution and Section 27 of the Representation of the People Act, 1950 (for short hereinafter referred to as ‘the Act of 1950’)

5. It is further contended that the election to