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2024 Supreme(Kar) 1327

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.SUNIL DUTT YADAV
B.T. Kumar, S/o. Late Thimmegowda – Appellant
Versus
B.N. Kumar, S/o. Narayana Gowda – Respondent


Advocates Appeared:
For the Petitioner:Sri. R.S. Ravi, Senior Counsel for Sri Akarsh Kumar Gowda., Advocate
For the Respondents:Sri. Dhyan Chinnappa, Senior Counsel for Sri. S.B. Mathapathi., Advocate, Sri. M.S. Devaraju, Advocate, Smt. Saritha Kulkarni, HCGP.

ORDER :

S. SUNIL DUTT YADAV, J.

The present petition is filed by the petitioner in the Election Petition aggrieved by the order passed in E.P.No.2/2021 dated 06.08.2022, whereby the Election Petition has been rejected.

2. The parties are referred to by their ranks before the Election Tribunal.

3. Apart from other grounds urged, the primary ground that was urged in the Election Petition was that the respondent No.1 was not qualified to be chosen as a member in terms of Section 12(h) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, (for brevity 'the Act') which provides for disqualification in the event the member has directly or indirectly any share or interest in any work done by the Gram Panchayat.

4. The brief facts made out was that the petitioner and the respondent No.1 had contested for the post of member of Beeruhalli Gram Panchayat and in such election, the respondent No.1 was declared elected. The Election Petition under Section 15 read with Sections 19 and 20 of the Act came to be filed seeking a declaration that the election of respondent No.1 to be declared as null and void. Consequential prayer was sought to declare the petitioner as the successful candidate as rega

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