Learned Sr.

Advocate Prof.

Ravivarma Kumar appearing for the petitioner submits and learned Addl. SPP is not in a position to controvert that the subject matter of this petition is substantially similar to the one in VIJESH PILLAI vs. STATE OF KARNATAKA, 2023 SCC OnLine KAR 32, wherein a Coordinate Bench of this court has granted relief to the litigant. Added, Prof. Ravivarma Kumar is more than justified in notifying to the court that the text of section 123(A) as employed in the Police Papers does not appear in the statute book namely the Representation of People Act, 1951 .

2. A Division Bench of this Court in W.A.Nos.932- 933/1974 between A.V.VINODA & ANOTHER vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed off on 11.12.1974, has observed that where a relief has been granted to a litigant in particular circumstance, the same cannot be denied to other litigants similarly circumstanced, in the absence of demonstrably repugnant factors. Like cases need to be treated alike. There is force in this submission.

In view of the above, without much discussion, this petition needs to be and accordingly allowed; the proceedings in C.C.No.2849/2023 pending on the file o