- 1 -

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26^TH DAY OF MARCH, 2021

BEFORE

THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA

ELECTION PETITION No.9/2018

BETWEEN:

SRI M.K. SOMASHEKAR

S/O. LATE M.J. KEMPANNA,

AGED ABOUT 63 YEARS,

NO.318, D. SUBBAIAH ROAD,

1^ST CROSS, CHAMARAJA MOHALLA,

MYSORE.

... PETITIONER

(BY SRI N. RAVINDRANATH KAMATH, ADVOCATE)

AND:

1.

SRI S.A. RAMADAS

FATHER'S NAME NOT KNOWN,

MAJOR BY AGE,

NO.1063/77A,

1^ST MAIN, 6^TH CROSS,

VIDYARANYAPURAM,

MYSORE - 570 008.

2.

SRI K.V. MALLESH

FATHER'S NAME NOT KNOWN,

MAJOR BY AGE,

NO.168, ANIKETHANA ROAD,

2^ND CROSS, SOUTH A BLOCK,

KUVEMPUNAGAR,

MYSORE - 570 023.

3.

SRI ARAVIND SHARMA

FATHER'S NAME NOT KNOWN,

MAJOR BY AGE,

NO.230/D, 12^TH CROSS,

ARAVINDANAGAR,

MYSORE - 570 023.

4.

SRI Dr. JAYANTH .K.M

FATHER'S NAME NOT KNOWN,

MAJOR BY AGE,

- 2 -

NO.79/1, WARD NO.10,

VISHWANATHAYYA COLONY,

H.D. KOTE TOWN,

H.D. KOTE - 571 114.

5.

SMT. JANAKI .M.C

FATHER'S NAME NOT KNOWN,

MAJOR BY AGE,

NO.6/B, 6^TH MAIN, 7^TH 'A' CROSS,

3^RD STAGE, DATTAGALLI,

MYSORE - 570 022.

6.

SMT. BHANUMOHAN

FATHER'S NAME NOT KNOWN,

MAJOR BY AGE,

NO.557/2, THIYABALD ROAD,

NAZARA BAD, MYSORE.

7.

SRI VIJAYAKUMAR .D

FATHER'S NAME NOT KNOWN,

MAJOR BY AGE,

NO.1930/1, 13^TH CROSS,

ASHOKAPURAM,

MYSORE - 570 008.

8.

SRI B.H. SHIVAKUMAR

FATHER'S NAME NOT KNOWN,

MAJOR BY AGE,

NO.72, "SREEMATHA"

GROUND FLOOR, 1^ST CROSS,

1^ST MAIN ROAD, C.F.T.R.I LAYOUT,

BHOGADI 2^ND STAGE,

MYSORE - 570 026.

9.

SRI KUMARASWAMY .P

FATHER'S NAME NOT KNOWN,

MAJOR BY AGE,

NO.2126, 2^ND CROSS,

ASHOKAPURAM,

MYSORE - 570 008.

10.

SRI D.N. KRISHNAMURTHY

FATHER'S NAME NOT KNOWN,

MAJOR BY AGE,

R/AT DODDAMARAGOWDANAHALLI & POST,

MYSORE TALUK & DISTRICT - 570 026.

11.

SRI S. JAGADISH

FATHER'S NAME NOT KNOWN,

- 3 -

MAJOR BY AGE,

NO.431/3, 1^ST MAIN ROAD,

2^ND CROSS, JAIMARUTHI NAGAR,

NANDINI LAYOUT,

BANGALORE - 560 096.

12.

SRI M. NANJAPPA

FATHER'S NAME NOT KNOWN,

MAJOR BY AGE,

NO.248, 21^ST MAIN ROAD,

2^ND STAGE, J.P.NAGAR,

MYSORE - 570 031.

13.

SRI M.D. PARTHASARATHI (PATHI)

FATHER'S NAME NOT KNOWN,

MAJOR BY AGE,

NO.491/1B, 1^ST CROSS,

CHAVADI ROAD,

KRISHNARAJA MOHALLA,

MYSORE - 570 004.

14.

SRI RAVI .N

FATHER'S NAME NOT KNOWN,

MAJOR BY AGE,

NO.303, SIDDALINGESHWRA LAYOUT,

J.P.NAGAR, MYSORE - 570 031.

15.

SRI G. RACHAPPA

FATHER'S NAME NOT KNOWN,

MAJOR BY AGE,

NO.1295, NALA BEEDI,

KRISHNARAJAMOHALLA, 2^ND FLOOR,

SUNNADAKERI, MYSORE.

16.

SRI SRINIVAS .S (PREMATHANAYA)

FATHER'S NAME NOT KNOWN,

MAJOR BY AGE,

NO.78, AMBA NILAYA,

21^ST MAIN, "D" BLOCK,

J.P.NAGAR, MYSORE - 570 008.

17.

SMT. SUCHITHRA

FATHER'S NAME NOT KNOWN,

MAJOR BY AGE,

NO.886/4A, 1^ST FLOOR,

NARAYANA SHASHTRI ROAD,

LAKSHMIPURAM, MYSORE.

- 4 -

18.

SRI B. SOMASHEKAR

FATHER'S NAME NOT KNOWN,

MAJOR BY AGE,

NO.1463/1, NARAYANA SHASTRY ROAD,

DEVARAJA MOHALLA,

MYSORE.

... RESPONDENTS

(BY SRI A.R. VIVEK, ADVOCATE FOR R-1; RESPONDENT NOS.2,

4, 5, 7, 9 AND 10 TO 18 ARE SERVED; SERVICE OF NOTICE

THROUGH PAPER PUBLICAION ON R-3, R-6 & R-8 IS HELD

SUFFICIENT V/O. DATED 23/09/2020)

*****

THIS ELECTION PETITION IS FILED UNDER SECTION 81 OF

THE REPRESENTATION OF PEOPLE ACT, 1951 PRAYING TO:

a) DECLARE THAT THE DECLARATION OF THE ELECTION

OF THE 1^ST RESPONDENT AS CONTAINED IN ANNEXURE-'E'

DECLARING THE 1^ST RESPONDENT AS RETURNING CANDIDATE

FROM

216,

KRISHNARAJA

ASSEMBLY

CONSTITUENCY,

IN

MYSORE AS VOID AS PER SECTION 100(b) & (d)(ii), (iii), (iv) OF

THE REPRESENTATION OF THE PEOPLE ACT, 1951;

b) DECLARE THE PETITIONER AS RETURNED CANDIDATED

IN RESPECT OF 216 KRISHNARAJA ASSEMBLY CONSTITUENCY IN

MYSORE AS PER SECTION 101(b) OF THE REPRESENTATION OF

THE PEOPLE ACT, 1951; or in the alternative TO SET ASIDE

THE ELECTION OF THE 1^ST RESPONDENT AS CONTAINED IN

ANNEXURE-‘E’

DATED

15.02.2018

AND

TO

ORDER

FOR

RECOUNTING OF THE VOTES POLLED IN 216 KRISHNARAJA

ASSEMBLY CONSTITUENCY IN MYSORE BY USAGE OF BOTH EVMs

AND VVPAT