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2018 Supreme(Kar) 734

A.S.BOPANNA
N Munianjappa S/o H. Narayanappa – Appellant
Versus
G Manjunatha, S/o Late Govindu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Smt. Pramila Nesargi, Sr.Counsel For Sri Hemanth Kumar D & Sri Muniswamy Gowda S.G., Advs.
For the Respondent: Sri Ashok Haranahalli, Sr. Counsel for Sri K Raghupathy & Sri R Hemanthraj a/w Sri C Shashikantha, Advs. Sri N.S. Sheshadri, adv. Sri A S Mahesh, Adv. Sri Praveen by RJS Adv’s Sri V S Biju, adv. for Sri G.Krishnamurthy for Sri Bimbadhar M Gowdar, Adv.

ORDER :

1. The petitioner in this petition filed under Section 81 of the Representation of People’s Act, 1951 (‘R.P.Act’ for short) is before this Court seeking to declare that on the date of election on 05.05.2013 and on the date of declaration of the result on 08.05.2013, respondent No.1 was not qualified to be chosen to fill the seat reserved for the Scheduled Caste in the Karnataka Assembly. The seat in question is No.145 Mulbagal reserved constituency. The petitioner is also seeking to declare the result of the said election, so far as it concerns respondent No.1 is materially affected by the improper acceptance of the nomination. A declaration is sought that the result of the respondent No.1 as elected to the No.145 Mulbagal (SC) Assembly constituency as null and void. A declaration that the result of the election is materially affected by the improper reception and counting of 73146 votes in favour of respondent No.1 as void and accordingly treat the said votes as wasted and thrown away votes is sought. Consequently it is further sought that the petitioner be declared as duly elected to the No.145 Mulbagal (SC) Assembly Constituency and to impose penalty on the respondents No



















































































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