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2025 Supreme(Kar) 583
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
E.S. INDIRESH, J.
Shri Mohan Kumar B., S/o Basetty G. - Appellant
Versus
Smt. Shobha Karandlaje, D/O Late Monappa Gowda - Respondent
Election Petition No.9 of 2024
Decided on : 05-06-2025
Advocate Appeared:
For the Appellant :SRI. HARISH NARASAPPA, SENIOR COUNSEL SRI. SMARAN SHETTY, ADVOCATE)
For the Respondent:SRI. VENKATESH DALAWAI, ADVOCATE
Election petitions must contain precise, specific material facts, particularly regarding alleged corrupt practices; failure to do so leads to dismissal under relevant statutory provisions.
Headnote:(A) Representation of the People Act, 1951 - Sections 81(3), 83(1)(a)(b)(c), 100(b), 100(d)(i) and 100(d)(iv) - Election petition seeking to declare the respondent's election null and void due to non-disclosure of criminal antecedents in affidavit - Respondent filed applications seeking dismissal for non-compliance of procedural and statutory requirements, asserting that the election petition lacked cause of action and proper material facts - Court found that the petition failed to disclose sufficient material facts and lacked specificity regarding allegations of corrupt practices and non-disclosure of criminal cases, supporting dismissal. (Paras 8.1, 28, 42-45)
(B) Corrupt Practice - Definition and pleadings - The petitioner's allegations of corrupt practices must clearly state specific material facts and particulars, failing which it cannot warrant trial or validate claims made. Court emphasized strict adherence to Section 83 requirements for Election Petitions. (Paras 24-39)
Facts of the case:
The appellant contested the election of the respondent, raising issues about the verification of electoral affidavits and the alleged corrupt practices, specifically the concealment of criminal proceedings. The election petition was initially accepted, despite deficiencies in procedural compliance.
Findings of Court:
Petitioner failed to present adequate material facts related to the allegations, leading to the dismissal of the election petition.
Issues: The main issues included the sufficiency of material facts and compliance with statutory requirements for the election petition.
Ratio Decidendi: The court ruled that omissions in disclosing material facts constituted grounds for dismissal under the relevant provisions of the Act, as such defects hinder judicial scrutiny and could not be remedied post-filing.
Result: Applications for rejection of the Election Petition allowed; Election Petition dismissed.
| Table of Content |
|---|
| 1. petition seeks to declare election void. (Para 1) |
| 2. petitioner seeks to declare election void under specific provisions. (Para 2) |
| 3. court analyzes the procedural requirements under election law. (Para 3 , 16 , 18) |
| 4. petitioner alleges non-compliance with election requirements. (Para 5 , 6) |
| 5. petitioner provides details of events and allegations. (Para 8 , 9) |
| 6. respondent argues procedural non-compliance by the petitioner. (Para 10 , 12 , 13 , 14) |
| 7. court analyzes sufficiency of pleadings and compliance with electoral laws. (Para 15 , 19 , 20) |
ORDER :
E.S. INDIRESH, J.
ORDERS ON IA No.2 OF 2024 AND IA No. 3 OF 2024
1. In this petition, the petitioner has sought for declaration that, the election of respondent, being the Returned candidate, from the 24-North Bengaluru Parliamentary Constituency as null and void in terms of Section 100(b), 100(d)(i) and 100(d)(iv) of the Representation of the People's Act, 1951 (hereinafter referred to as Act).
2. On service of summons, respondent entered appearance and filed detailed written statement, denying the averments made in the Election Petition. The respondent has filed application in IA No.2 of 2024 under Section 81(3) of the Act, seeking dismissal of the Election Petition for non-compliance of Section 81(3) of the Act. The respondent has filed IA No.3 of 2024 under Section 83(1)(a)(b)(c) and (2) of the Act read with Order VII Rule 11 (a) and (d) of the Code of Civil Procedure, seeking rejection of Election Petition as devoid of cause of action as well as not complying with the mandatory requirements under Section 83(1)(a)(b)(c) as well as proviso to Section83(1) and (2) of the Act.
3. The applications were heard on merits and disposed of by this order.
4. In order to decide the applications in IA No.2 of 2024 and IA No.3 of 2024 filed by the respondent for rejection of Election Petition, it is relevant to extract the prayer made in the Election Petition, which reads as under:
”a) Call for the entire records from the Returning Officer pertaining to the nomination papers, FORM 26 and all other papers filed by respondent No.1 ;
b) Declare that the result of the Election of respondent No.1 as the returned candidate from the 24 North Bengaluru Parliamentary Constituency is null and void in terms of Section 100(b), Section 100(d)(i) and Section 100 (d)(iv)of the Representation of the People’s Act 1951;
c) Pass such other orders as this Hon'ble deems fit in the facts and circumstances of the case, in the interest of justice and equity."
d) Award costs towards this petition.
(Emphasis supplied)
FACTS OF THE CASE:-
5. The petitioner has presented the Election Petition on 19th July, 2024 stating that the petitioner is an Elector of 24-North Bangalore Parliamentary Constituency and Voter Identification Card of the petitioner is produced at Annexure-B1. It is stated that the petitioner preferred this Election Petition in the capacity as an Elector under Section 81 of the Act. It is further averred in the petition that, the Election Commission of India notified the General Elections to Lok Sabha on 16.03.2024 and calendar of events for Parliamentary Constituency No.24, North Bengaluru is as under:
| Event | Schedule |
| Announcement and Issue of Press Note | 16 March, 2024 (Saturday) |
| Issue of Notification | 28 March, 2024 (Thursday) |
| Last date for filing of Nominations | 04 April, 2024 (Thursday) |
| Scrutiny of Nomination | 05 April, 2024 (Friday) |
| Last date for withdrawal of candidature | 08 April, 2024 (Monday) |
| Date of Poll | 26 April, 2024 (Friday) |
| Date of Counting of Votes | 04 June, 2024 (Tuesday) |
| Date before which the election shall be completed | 06 June, 2024 (Thursday) |
6. It is further stated in the petition that, the Government of Karnataka by its notification dated 28.03.2024 (Annexure-C) notified the proposed 2024 General Elections as per Annexure-D. It is further averred in the petition that the respondent has filed her nomination paper in FORM 2A under Rule 4 of the Conduct of the Election Rule, 1961 on 03.04.2024
