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PUBLISHED BY AUTHORITY

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WEEKLY

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NEW DELHI, AUGUST 31—SEPTEMBER 6, 2014, SATURDAY/BHADRA 9—BHADRA 15, 1936

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Orders and Notifications Issued by Central Authorities (other than the Administrations of Union Territories)

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3337 GI/2014

(117)

ELECTION COMMISSION OF INDIA

New Delhi, the 27th August, 2014

O.N. 27.—In pursuance of Section 106a of the

Representation of the People Act, 1951 (43 of 1951), the

Election Commission of India hereby publishes the order

dated 18th June, 2014 of the High Court of Karnataka in

Election Petition No. 21 of 2009 filed by Shri Gurupadappa

Nagamarpalli challenging the election of Sh. Daram Singh,

a member of the Lok Sabha from 7-Bidar Parliamentary

Constituency.

IN THE HIGH COURT OF KARNATAKA AT

BANGALORE

DATED THIS THE 18TH DAY OF JUNE, 2014

BEFORE:

THE HON'BLE MR. JUSTICE A.S. PACHHAPURE

ELECTION PETITION NO. 21 OF 2009

118

THE GAZETTE OF INDIA : SEPTEMBER 6, 2014/BHADRA 15, 1936

[PART II—SEC. 3(iii)]

Between:

Gurupadappa Nagamarpalli,

S/o. Sanganabasappa Nagmarpalli,

Aged 67 years,

R/o. Nagmarpalli,

Tuluk: Aurad [B],

District : Bidar.

....PETITIONER/S

[By Sri. Hemanth Kumar D, Adv. for

M/s. Pramila Assocs., Advs.]

and:

Dharam Singh,

S/o. Narayan Singh,

Aged about 70 years,

R/o. N.V. Layout,

S.B. Temple Road,

Gulbarga.

....RESPONDENT/S

[By Sri. H.D. Amarnathan &

Sri. B.M. Arun, Advs.]

This EP is filed u/Section 81 of the Representation

of People's Act, 1951 praying to:

(a) Declare that the declaration of the result of

respondent to the 7- Bidar Parliamentary Constituency is

null and void.

(b) Declare that the respondent has committed the

Corrupt practices u/Section 123(1), (6) and (7) r/w. Section

100(1) (b) of the R.P. Act.

(c) Name respondent as having committed corrupt

practices u/Section 98 of the Representation of People

Act and such other persons who have committed the

corrupt practice.

(d) Declare that the election of the respondent is

void u/Section 100(1) (d) (iv) of the R.P. Act.

(e) Declare that the use of EVMs by the Election

Commission for the election to the 7- Bidar Parliamentary

Constituency ultra vires the Constitution, the R.P. Act and

conduct of Election Rules.

(f) Award costs of the petition.

(g) Grant such other relief or consequential reliefs as

this Court deems fit in the facts and circumstances of the

case.

This EP coming on for Hearing on I.A., this day the

Court made the following:

ORDER

Learned counsel for the petitioner has filed a memo

and submits that the election petition has become

infructuous as the election period is elapsed and the

respondent has contested and defeated in the recent

election. Therefore, he has sought for dismissal of the

election petition as infructuous.

In view of the memo filed and the submission made,

the petition is dismissed as infructuous.

The security deposit of Rs. 2,000-00 shall be refunded

to the petitioner.

In view of dismissal of the election petition as

infructuous, Misc. Cvl. No. 21107/10 for rejection of election

petition and Misc. Cvl. No. 21105/10 for striking down the

pleadings do not survive for consideration and hence they

are rejected.

[No. 82/KT-HP/(21/2009)/2014]

By Order,

TAPAS KUMAR, Principal Secy.

Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.