IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ELECTION PETITION NO. 5 OF 2022 BETWEEN:

SHRI RAGHU R @ RAGHU KAUTILYA S/O LATE RANGANNA AGED ABOUT 54 YEARS R/A NO.71, SRIRANGA, CHAMUNDI VIHAR LAYOUT NAZARBAD, MYSURU-570010 …PETITIONER (BY SRI. SHARATH GOWDA G.B, AND SRI. VIDYA R. GOWDA, ADVOCATES)

AND:

1. SHRI MANJE GOWDA C N S/O LATE NANJUNDEGOWDA AGED ABOUT 57 YEARS R/A NO.1, 9^TH BLOCK, BEML LAYOUT MYSURU-570023 Digitally signed 2. SHRI D THIMMAIAH by CHANDANA S/O LATE DASAPPA B M AGED ABOUT 76 YEARS Location: High R/A NO.1448, SANJERAVI ROAD Court of BEHIND JAGADAMBA PETROL BUNK Karnataka KUVEMPUNAGAR MYSURU-570 023.

3. THE RETURNING OFFICER MYSURU LOCAL BODIES COUNCIL CONSTITUTENCY AND THE DEPUTY COMMISSIONER MYSURU - 570 005.

4. SHRI VATAL NAGARAJ S/O LATE MADAPPA AGED ABOUT 72 YEARS R/A NO.329, RMV II STAGE BENGALURU-560 094.

5. SRI. GURULINGAIAH S/O DODDAIAH AGED ABOUT 40 YEARS R/A NO.340, MULLURU VILLAGE SARGOORU, HD KOTE TALUK MYSURU DISTRICT – 571 121.

6. SRI. K C BASAVARAJASWAMY S/O LATE CHANNA BASAVADEVARU AGED ABOUT 67 YEARS R/A N O.53, BASAVASHRI NILAYA BHAVANINAGAR NEAR JP NAGAR RING ROAD MYSURU – 570 031.

7. SRI. MANJUNATH R S/O LATE RANGASWAMY AGED ABOUT 41 YEARS R/A NO.69, 4TH STAGE GOKULAM, MANJUNATHAPURA MYSURU-570 020. …RESPONDENTS (BY SRI. JAYAKUMAR.S.PATIL, SENIOR ADVOCATE FOR SRI. MAHAMAD TAHIR A., AND SRI. VARUN J. PATIL, ADVOCATES FOR R-1 SRI. DHANUSH MENON AND SMT.LEELA P. DEVADIGA, ADVOCATES FOR R-2 SRI. Y.H. VIJAY KUMAR, ADVOCATE FOR R-3 SRI. VISHWANATH KANAVI, ADVOCATE FOR R-6 VIDE ORDER DATED: 18.07.2022, NOTICE TO R-4, R-5 & R-7 IS HELD SUFFICIENT)

THIS ELECTION PETITION IS PRESENTED UNDER SECTION 81 OF THE REPRESENTATION OF PEOPLE ACT, 1951, BY PRAYING TO CALL FOR RECORDS AND SET ASIDE THE ELECTION OF RESPONDENTS 1 AND 2 TO THE KARNATAKA LEGISLATIVE COUNCIL FROM THE 20 MYSURU LOCAL BODIES COUNCIL CONSTITUENCY.

THIS PETITION IS BEING HEARD AND RESERVED ON 16.04.2025 COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

CAV ORDER

In this petition, the petitioner seeks setting aside of the Election of respondent Nos.1 and 2 to Karnataka Legislative Council from the 20 Mysuru Local Bodies Council Constituency and for declaration that the petitioner was duly elected to fill the seat of the Karnataka Legislative Council from the said Constituency and for other reliefs.

2. Respondent Nos.1 and 2 have filed their written statement and contested the petition. In addition thereto, respondent Nos.1 and 2 have filed two applications i.e., I.A.No.2/2022 and I.A.No.3/2022 seeking rejection of the Election Petition on the ground that there was no cause of action and that the petition was barred by limitation. The petitioner has filed his objections to the applications and contends that the same are liable to be dismissed.

3. A perusal of the material on record will indicate that the petitioner and respondent Nos.1 and 2 submitted their respective nominations on 23.11.2021 to contest the Biennial Elections to the Karnataka Legislative Council from 20 Mysuru Local Bodies Constituency. While the petitioner was the candidate sponsored by Bharatiya Janata Party, respondent Nos.1 and 2 were sponsored by Janata Dal (Secular) and Indian National Congress, respectively. Respondent No.3 is the Returning Officer and respondent Nos.4 to 7 are the other candidates, who conducted the Election.

4. Pursuant to respondent Nos.1 and 2 submitting their nominations, petitioner opposed the said nomination papers filed by them and raised objections. Respondent No.3 – Returning Officer notified respondent Nos.1 and 2 about the objections filed by petitioner to their nomination and permitted them to file their objections and after hearing all parties, respondent No.3 – Returning Officer over-ruled/rejected the objections filed by the petitioner vide orders dated 24.11.2021 and 25.11.2021, respect