JUDGMENT

Bharucha. J.-The election to the 11th Karnataka Legislative Assembly from 167 Shikaripura constituency was held on 11th September, 1999. Respondent No. 1 was declared elected. The appellant was one of the candidates at the election and he filed an election petition in the High Court of Karnataka. He prayed therein that the election of the first respondent be declared void and that he, the appellant, be declared duly elected. To the election petition were imploded the other two contesting candidates, namely, respondent Nos. 2 and 3, and the Returning Officer and the District Election Commissioner, as respondent Nos. 4 and 5. The latter two were impleaded because of the allegations made against them in the election petition.

2. Respondent nos. 4 and 5 moved an interim application in the election petition praying that their names be deleted from the array of parties thereto. An application to the same effect was made by the first respondent; has also moved an application praying that the election petition be dismissed because of the implement of respondent Nos. 4 and 5. By the judgment and order under challenge, a learned single Judge of the High Court allowed the