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2009 Supreme(Kar) 699

D.V.SHYLENDRA KUMAR
Kavitha Mahesh – Appellant
Versus
Chief Election Commissioner, Election Commission of India – Respondent


Advocates appeared:
For the Petitioner: Party in Person.
For the Respondents: R5, Ashok Harnahalli, Sr. Counsel.

Judgment :-

This application under Order VI Rule 16 of the Code of Civil Procedure [for short ‘the CPC’] is by the respondent in an election petition presented under Section 81 of the Representation of People Act, 1951 [for short, the Act].

2. The petitioner, who claims to have made an attempt to file nomination papers for seeking election to the Karnataka State Legislative Assembly from the K.R. Puram constituency and whose nomination papers did not even elicit any response from the returning officer, even as to accept the same forget about scrutiny and opining on the quality an fate of the nomination, has presented the election petition invoking grounds 100(1)(c) of the Act, seeking for the following relief:

a) Pleased to declare the election to K.R. Puram Assembly Constituency as 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) Representation of People Act 1951, since rejection of petitioner’s nomination paper at the threshold by the 4th respondent is illegal and improper.

b) Pleased to direct the Respondent’s No.1 to initiate suitable disciplinary action against Respondent No.4 as pe




















































































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