ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

this Court. Paragraphs 3, 4, 5 and 6 of the petition read as follows:

3) That the very conduct of said elections to KFCC is improper, illegal, undemocratic and fraudulent. There are ready references such as Non-display and disclosure of voters list as mandated in the KFCC notice board, at the notice board of polling station, disclosure of voter list not made to candidates and voters during the elections, Non-obtainment of voters’ signature in the counterfoil and counting votes was done in the absence of candidates in spite of candidates, petitioners volunteering to be the witness for counting the same was denied, evidence of huge election malpractice and corrupt election processes that has taken place in the said elections.

4) That as against the use of authorized, sanctioned and procedural practice of voting machines in this elections, the ballot papers method was used, this illegal act of conducting elections is against the resolution passed by respondent No.5. The Karnataka Film Chamber of Commerce – Executive Committee meeting dated 5.05.2022, even the printing of ballot papers were done by concealing the place, quantity and time of printing the ballot papers. (True copy of Executive Committee Resolution by respondent No.5 dated 5-05-2022 is annexed as Annexure-B).

5) That rigging has taken place in the elections in favour of the Respondent Nos. 5, 6, 7, 9, 11 & 12. The identity cards were not checked for the voters to promote rigging of votes, the entire process of conducting the said election is totally against the bye-laws of Karnataka Film Chamber of Commerce, its object and vision, the said elections were conducted in arbitrary, biased and undemocratic manner of conducting elections of a democratic society registered under ‘The Karnataka Societies Registration Act, 1960’.

6) That there was undue illegal presence of politically powerful members of KFCC, Smt. Jayamala, Sri S.A. Chinne Gowda, Sri Basanth Kumar Patil were at the venue of voting, they have influenced voters to cast vote in favour of respondent Nos. 5, 6, 7, 9, 11 & 12 on the Election Day in the very venue of elections for more than 1 hour 20 minutes. Politically motivated statements, assurances and offers to the voters by the agents of respondents No.3 and 5, 6, 7, 9, 11 & 12 have unduly influenced and illegally motivated voters to vote for their supported candidates against the very basic principles of general model code of elections, it is also a matter of fact that respondent No.5. Sri Ba.Ma.Harish who is present disputed president of KFCC who is elected with corrupt methods and his brother were present inside the election venue on the election process of voting and were continuously seeking votes and influencing the voters to vote in their favour which is unlawful of procedure of election conduct, the ballot papers were mismanaged, visibly damaged torn in the said venue of elections, additionally it is said that the highly influential political party who is in the power of ruling Government, a sitting Minister in the State Government has illegally influenced and remote controlled the said election. It is beyond any doubt the said elections were conducted in highly suspicious and atrocious manner.”

(Emphasis added)

The narration in the afore-quoted paragraphs, out of many, are that there were large scale rigging in the elections and several illegalities and irregularities. Voter list was not notified on the notice board as was required and there were votes which were cast with undue influence and illegally motivated by such persons and the President was elected by indulging in corrupt practices in the election. Saying so, at paragraph 7 onwards the attack is on the Returning Officer again in the conduct of elections. Therefore, the pleading of the petitioners is shrouded with allegations of corrupt practices, rigging and all other traits that would require a consideration for annulling the elections.

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