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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.8 OF 2018

BETWEEN:

SRI. VASU

S/O. LATE CHENNAIAH

AGED ABOUT 66 YEARS,

NO.16, TEMPLE ROAD,

JAYALAKSHIMPURAM,

MYSORE - 570 012.

... PETITIONER

(BY SRI N. RAVINDRANATH KAMATH, ADVOCATE)

AND:

1.

SRI L. NAGENDRA

S/O. LINGAPPA

AGED ABOUT 55 YEARS,

NO.2373/3C, 1^ST CROSS,

5^TH MAIN ROAD, JAYANAGARA,

MYSORE - 570 014.

2.

SRI K.S. RANGAPPA

S/O. LATE SUBBEGOWDA

AGED ABOUT 63 YEARS,

NO.227, 2^ND STAGE,

PRASHANTHNAGAR,

MYSORE - 570 026.

3.

SRI M.K. PRASHANTHA GOWDA (PACHI)

S/O LATE KRISHNAPPA,

MAJOR BY AGE,

NO.2265/20, 6^TH CROSS,

4^TH MAIN ROAD,

VINAYAKANAGARA,

MYSORE - 570 012.

4.

SMT. MALAVIKA GUBBI VANI

W/O. RAGHAVENDRA UDUPA

MAJOR BY AGE

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NO.75/1, SWASTI EMERALD

ENCLAVE, ANAGAHALLI

SRIRANGAPATTANA TALUK,

MANDYA DISTRICT - 571 606.

5.

SMT. RAMYA M.S.

V.C.O. DATED 07/09/2018

R-5 IS DELETED.

6.

SMT. SHANTHI D. AWARADI

W/O. VISHWANATH .B

MAJOR BY AGE

NO.A9, 9/A CROSS,

RANGARAV COLONY,

VASU LAYOUT, K BLOCK,

NEAR ANADOLANA CIRCLE

RAMAKRISHNAGAR MYSORE,

MYSORE - 570 023.

7.

SRI SOMASHEKAR .M

S/O. MARIGOWDA

NO.363/F, BACKSIDE OF

KAMAKSHI HOSPITAL

KUVEMPUNAGAR

MYSORE - 570 009.

8.

SRI. AKEEL AHAMED

V.C.O. DATED 07/09/2018

R-8 IS DELETED.

9.

KAVERIAMMA .N.K

D/O. SRI N.G. KARUMBAYYA

MAJOR BY AGE

NO.540, 7^TH CROSS,

VEENESHES HANNA ROAD,

K.R. MOHALLA,

MYSORE - 570 024.

10.

SRI. S. JAYAPRAKASH

V.C.O. DATED 07/09/2018

R-10 IS DELETED.

11.

SRI P. PURUSHOTHAM

S/O. LATE PUTTAIAH

MAJOR BY AGE

NO.124, MADIWALA RA BEEDI

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NARAYANASASTRY ROAD,

CHAMARAJA MOHALLA,

MYSORE - 570 024.

12.

SRI M. PANCHALINGU

S/O. LATE M. MANTYA CHARI

MAJOR BY AGE

NO.674, BAIRAVESHWARA NAGAR,

6^TH CROSS, 1^ST STAGE, HEBBAL,

MYSORE - 570 016.

13.

BHARATHI H.S.

V.C.O. DATED 07/09/2018

R-13 IS DELETED.

14.

SRI. M. MANOJ KUAMR

S/O. A. MYLARI LINGANNA

MAJOR BY AGE

NO.508, 4^TH CROSS,

DODDAVAKKALAGERI

LASHKAR MOHALLA

MYSORE - 570 001.

15.

SRI MAJEED AHMED

S/O. RASHEED AHMED

MAJOR BY AGE

NO.357, K.R. HOSPITAL ROAD,

MANDI MOHALLA,

MYSORE - 570 021.

16.

SMT. MALINI .R PALAKSHA

W/O. PRLAKSHA .K.M

MAJOR BY AGE

NO.49, JYOTHI NIVAS,

OPPOSITE VRUDDASHRAMA

OLD KESARE,

MYSORE - 570 003.

17.

K. HARISH GOWDA

S/O. M. KRISHNA

MAJOR BY AGE

NO.01, CH-35, SHIVAKRUPA

KANTARAJE URS ROAD,

K.G. KOPPALU,

MYSORE - 571 104.

... RESPONDENTS

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

3, 4, 6, 7, 9, 11, 12, 14, 15, 16, 17 ARE SERVED; V/O. DATED

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07/09/2018 RESPONDENT NOS.5, 8, 10 AND 13 ARE DELETED;

NOTICE HELD SUFFICIENT IN R/O. R-6 AND R-15 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 217, CHAMARAJA ASSEMBLY CONSTITUENCY, IN MYSORE

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

REPRESENTATION OF PEOPLES ACT, 1951;

b)

DECLARE THE PETITIONER AS RETURNED CANDIDATE IN

RESPECT OF 217 CHAMARAJA ASSEMBLY CONSTITUENCY IN

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

PEOPLE ACT, 1951.

THIS PETITION COMING ON FOR ORDERS THIS DAY,

COURT MADE THE FOLLOWING:

ORDER ON I.A.No.1/2019

This Election Petition has been filed seeking a

declaration that the election of first respondent to

Karnataka Legislative

Assembly

from 217-Chamaraja

Assembly Constituency, Mysuru, as per Section 100(1)(b)

and (d)-(ii), (iii) and (iv) of the Representation of the

People Act, 1951 (hereinafter, referred to as “the R.P.Act”,

for the sake of brevity). A further declaration is sought

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that the petitioner is the returned candidate in respect of

the said Constituency as per Section 101 (b) of the R.P.

Act. In the alternative, a