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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 2-3 of 2002

Appeal (civil) 1455 of 2002

PETITIONER:

PRAKASH KHANDRE

Vs.

RESPONDENT:

DR. VIJAYA KUMAR KHANDRE AND OTHERS

DATE OF JUDGMENT: 09/05/2002

BENCH:

M.B. Shah, Bisheshwar Prasad Singh & H.K. Sema

JUDGMENT:

Shah, J.

In the background of facts briefly stated below, questions for

determination in these appeals are

1. In an Election Petition under the Representation of the

People Act, 1951 (hereinafter referred to as ’the Act’),

when contest for election to the post of MLA is by more

than two candidates for one seat and a candidate, who

was disqualified to contest the election, is elected

whether the Court can declare a candidate who has

secured next higher votes as elected? And

2. Whether contract between the elected candidate and the

Government was subsisting on the date of scrutiny of

nomination papers?

Appellant Prakash Khandre contested election from No.2-

Bhalki Constituency of Karnataka State Legislative Assembly and

was declared elected. Respondent no.1 Dr. Vijay Kumar Khandre

contested the said election but was defeated. The details of the votes

secured