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2008 Supreme(Kar) 807

N.KUMAR
The Secretary, Primary and Secondary Education, Department of Public Instruction, Bangalore – Appellant
Versus
Ravasaba Madalamatti – Respondent


Advocates appeared:
Sri R.K. Hatti, High Court Government Pleader, for Petitioners.
Sri Ravasaba Madalamatti - Respondent-1 Party-in-person.

29. In view of the above we are of the considered opinion that since there is no bar under the substantial provision of Tenth Schedule of the Constitution, the Rules framed thereunder cannot create a bar for a voter to file complaint before Speaker/Chairman of the House seeking disqualification. Hence, the Disqualification Complaint Nos.3/2010 to 7/2010 filed by the five voters of five constituencies from which respective petitioners herein were elected, are maintainable.

30. Having held as above, we deem it proper to consider the submissions made on behalf of the three voters i.e., respondents 3, 5 and 7 who have retracted the complaints.

Respondents 3, 5 and 7 in Writ Petition Nos.33998-34002/2010 have filed affidavits before this Court mentioning therein that they were fraudulently taken to the office of the Speaker and were made to sign certain documents, which they came to know later that such signed papers were misused for preparing the applications seeking disqualification of the MLAs of the respective constituencies. In other words, according to the aforementioned respondents, they have not consciously, voluntarily and knowingly signed and filed the complaints seeking disqu

















































































































































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