Application under Sections 81, 83 and 86 of the Representation of People Act, 1951 (for short, the Act) read with Order VII Rule 11 of Code of Civil Procedure, 1908 (for short “the CPC”) in an election petition presented under Section 81 of the Act, wherein the main prayer of the election petitioner is for a declaration that the election to the to K R Pura Assembly Constituency is null and void and order fresh elections in the interest of justice and equity, as the petitioner is entitled for relief under Section 100(1)(c) of the Act, since rejection of petitioner’s nomination paper at the threshold by the returning officer is illegal and improper.

2. The application itself is filed by the present lone respondent, who is the candidate declared to have been elected from this assembly constituency in the general elections held for electing representatives of the people to the Karnataka assembly during 2008. The lone respondent, because this respondent though figuring as fifth respondent in the array of respondents as per the original presentation of the election petition remains as the sole surviving respondent in terms of the order passed by this court on 31-7-2008, whereb