2023 Supreme(Online)(Kar) 29927

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31^ST DAY OF JANUARY 2020

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

ELECTION PETITION NO.2 OF 2019

BETWEEN:

SRI G DEVARAJEGOWDA

SON OF LATE GUNDEGOWDA,

AGED 42 YEARS

RESIDING AT KAMASAMUDRA VILLAGE,

MAVINAKERE POST

HALEKOTE HOBLI,

HOLENARASIPURA TALUK

HASSAN DISTRICT PIN - 573211

..PETITIONER

(BY SMT PRAMILA NESARAGI, SENIOR ADVOCATE A/W

SRI: SHIVANANDA B.S., ADVOCATE)

AND

1 .

SRI PRAJWAL REVANNA @ PRAJWAL R

SON OF SRI H D REVANNA

AGED ABOUT 28 YEARS

RESIDING AT NO 43,

PADAVALAHIPPE VILLAGE AND POST,

KASABA HOBLI, HOLENARASIPURA TALUK

HASSAN DISTRICT PIN - 573211

2 .

SRI MANJU A

S/O LATE ANNAIAH GOWDA,

AGED ABOUT 61 YEARS,

R/AT HANYALU VILLAGE,

ANANDUR POST, RAMANATHAPURA HOBLI,

ARAKALGUD TALUK,

HASSAN DISTRICT-573102

3 .

SRI VINOD RAJ K H

S/O HANUMANTHAIAH,

AGED ABOUT 29 YEARS,

R/AT NO.562/2, AMBEDKAR NAGAR,

KONANURU, ARAKALGUD VILLAGE,

HASSAN DISTRICT-573102

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4 .

SRI H M CHANDREGOWDA

S/O SRI MALLALIGOWDA,

AGED ABOUT 65 YEARS,

R/AT NO.54, HONNASHATTIHALLI,

SRINIVASAPURA POST,

CHANNARAYAPATNA TALUK,

HASSAN DISTRICT-573211

KARNATAKA.

5 .

SRI M MAHESH @ LOKESH

S/O H C MANJAPPA SHETTY,

AGED ABOUT 49 YEARS,

R/AT DOOR NO.349,

SAISADANA, HEMAVATHINAGAR,

NEAR CHANNAMBIKA THEATRE,

HOLENARASIPURA -573211

HASSAN DISTRICT.

6 .

SRI R SATEESHA

S/O SRI GOWDEGOWDA,

AGED ABOUT 48 YEARS,

R/AT RAMADEVAPURA,

YELAGUNDA POST, SALIGRAMA HOBLI,

HASSAN DISTRICT-573219

…RESPONDENTS

(BY SRI: UDAYA HOLLA, SENIOR ADVOCATE A/W

SRI: M.KESHAVA REDDY, ADVOCATE FOR R1;

SRI: M.R.VIJAY KUMAR & SRI: SUNIL M.V., ADVOCATES FOR R2;

SMT: AKKAMAHADEVI HIREMATH, ADVOCATE FOR R3;

SRI: A. MANJUNATHA & SRI: NAGESHA.K., ADVOCATES FOR R4;

R-5 SERVED-UNREPRESENTED

VIDE COURT ORDER DATED 19.8.2019 SUMMONS

TO R5 IS HELD SUFFICIENT;

SRI: MAHESH R.UPPIN, ADVOCATE FOR R6)

THIS

ELECTION

PETITION

IS

FILED

UNDER

SECTION

81

OF

THE

REPRESENTATION OF PEOPLE ACT, 1951, BY SRI. G. DEVARAJEGOWDA, PETITIONER

A/W HIS COUNSELS SRI. SRI.SHIVANANDA D.S., SMT.SHEELA RODRIGUES AND SMT

BINDU.H (ADVOCATE FOR PETITIONER) BEFORE THE REGISTRAR (JUDICAL) ON

06.07.2019, (THE PROCEEDINGS OF REGISTRAR (JUDICAL) IS AT PAGE NO.1 OF THE

PETITION), CHALLENGING THE ELECTION OF RESPONDENT NO.1, RETURNED

CANDIDATE SRI.PRAJWAL REVANNA @ PRAJWAL R FORM-16 HASSAN (GENERAL)

PARLIAMENTARY CONSTITUENCY HELD IN THE YEAR 2019 AND THE PETITIONER

PRAYS THIS HON’BLE COURT TO:-

a) TO DECLARE THAT THE RESULT OF THE ELCTION SO FAR IT IS CONCERNED

OF RESPONDENT NO.1 HAS BEEN MATERIALLY EFFECTED BY THE IMPROPER

ACCEPTANCE OF HIS NOMINATION UNDER SECTION 100(1)(b)(d)(i)(iii)(iv) OF

THE REPRESENTATION OF PEOPLE ACT, 1951, CONTRARY TO SECTION 33,

33(A)(B), RULE 4(A) AND FROM 26 AS ILLEGAL AND VOID.

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b) TO DECLARE THAT ON THE DATE OF ELECTION i.e. 18.04.2019 AND ON THE

DATE OF DECLARATION OF THE RESULT i.e., 23.05.2019, THE 1^ST

RESPONDENT HAD COMMITTED CORRUPT PRACTICE AND HE WAS NOT

QUALIFIED

TO

BE

CHOSEN

TO

FILL

THE

SEAT

OF

16-HASSAN

PARLIAMENTARY CONSTITUENCY UNDER SECTION 100(1)(b)(d)(iv) OF THE

REPRESENTATION OF PEOPLE ACT, 1951.

c) TO DECLARE THAT THE VOTES RECEIVED AND COUNTED IN FAVOUR OF

RESPONDENT NO.1 NUMBERING 6,76,606 VOTES AD IMPROPER RECEPTION

AND TREAT THEM AS VOID, WASTED AND THROWN AWAY VOTES.

d) TO DECLARE THAT THE RESULT OF RESPONDENT NO.1 OF 16-HASSAN

PARLIAMENTARY CONSTITUENCY AS NULL AND VOID.

e) TO DECLARE THAT THE RESULT OF THE ELECTION HAS BEEN MATERIALLY

EFFECTED BY THE IMPROPER RECEPTION AND COUNTING OF 6,76,606 VOTES

IN

FAVOUR

OF

RESPONDENT

NO.1

AS

VOID

UNDER

SECTION

100(1)(A)(d)(iii)(iv).

f)

(i) TO DECLARE THAT THE RESPONDENT NO.2 HAS RECEIVED MAJORITY OF

THE VALID VOTES;

(ii) THAT BUT FOR THE CORRUPT PRACTICE COMMITTED BY RESPONDENT

NO.1 THE RESPONDENT NO.2 WOULD HAVE OBTAINED MAJORITY OF THE

VALID VOTES;

(iii) TO DECLARE THT 6,76,606 VOTES RECEIVED AND COUNTED IN FAVOUR

OF RESPONDENT NO.1 AS THROWN AWAY, WASTED AND INVALID AND AS

VOID VOTES;

(iv) FURTHER DECLARE THAT 5,35,282 VOTES RECEIVED AND COUNTED IN

FAVOUR OF RESPONDENT NO.2 AS VALID VOTES; AND DECLARING AS

HAVING BEEN DULY ELECTED;

(v) PASS SUCH OTHER SUITABLE ORDER OR ORDERS WHEREBY IN RESPECT

OF PERSON/S WHO RESPONSIBLE FOR CORRUPT PRACTICE AT THE ELECTION

AS GUILTY AS CONTEMPLATED UNDER SECTION 99(1)(a)(i)(ii);

g) TO DECLARE THAT IN FACT THE RESPONDENT NO.2 HAS RECEIVED MAJORITY

OF THE VALID VOTES AND HE HAS TO BE DECLARED AS HAVING BEEN DULY

ELECTED UNDER SECTION 98(c) OF THE REPRESENTATION OF PEOPLE ACT,

1951;

h) TO FUTHER DECLARE THAT THE VOTES OBTAINED BY RESPONDENT NO.1 IS

BY CORRUPT PRACTICES AND THAT RESPONDENT NO.2 WOULD HAVE

OBTAINED A MAJORITY OF THE VALID VOTES.

i)

TO DECLARE THAT THE ELECTION OF 1^ST RESPONDENT AS RETURNING

CANDIDTE IS VOID AND FURTHER DECLARE THAT THE RESPONDENT NO.2 IS

OUGHT TO HAVE BEEN DULY ELECTED UNDER SECTION 98 READ WITH

SECTION 101 OF THE REPRESENTATION OF PEOPLE ACT, 1951;

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j)

TO MAKE AN ORDER REGARDING THE CORRUPT PRACTICE COMMITTED BY

PERSONS OTHER THAN RESPONDENT NO.1 IN THE ELECTION BY FOLLOWING

PERSONS VIZ. SRI.H.D.REVANNA, SRI.SURAJ AND OTHERS.

k) PASS SUCH OTHER ORDERS DEEMED NECESSARY UNDER SECTION 125(A) OF

REPRESENTATION OF PEOPLE ACT, 1951 AND

l)

TO AWARD COSTS AND SUCH OTHER CONSEQUENTIAL RELIEF/RELIEFS IN

THE CIRCUMSTANCES OF THE CASE.

THIS ELECTION PETITION COMING ON FOR HEARING THIS DAY, THE COURT

MADE THE FOLLOWING:-