(1)

Ļ¯ೇಷ ªಾಜÍ ಪĦΐೆ

Personnel and Administrative Reforms Secretariat (Elections)

Notification

No: DPAR 02 CHUTHAA 2024, Bengaluru, Dated:19.04.2024.

ELECTION COMMISSION OF INDIA

Nirvachan Sadan, Ashoka Road, New Delhi

Dated: 28 March 2024

Chaitra 08, 1946 (Saka)

NOTIFICATION

No. 82/KT-LC/4/22/2024-BE- In pursuance of Section 106 of the Representation of the People Act,

1951 (43 of 1951), the Election Commission hereby publishes the Order dated 20.12.2023 of the

Kamataka High Court in the ‘Election Petition No. 04 of 2022. Sh. Hanume Gowda L. versus Sh. R.

Suraj challenging the election of Sh. R. Suraj as Member of the Legislative Council of Karnataka

from Hassan Local Authorities Constituency.

¨sÁUÀ – 4

Part – IV

, 19

, 2024(

, 30,

, 1946)

BENGALURU, FRIDAY, 19, APRIL, 2024(CHAITHRA , 30, SHAKAVARSHA, 1946)

. 227

No. 227

57

If the afore-quoted Annexures are considered in juxtaposition, it would unmistakably depict

gross divergence. What is furnished as copy to the respondent is not what the copy is produced

before the Court. It is, therefore, a defective petition that was served upon the respondent.

14. For the aforesaid reasons, the Election Petition suffers from it being contrary

to the statute and

resultantly,

the applications so filed by the respondent qua

maintainability deserves to be allowed. Accordingly, I.A.No.3 of 2022 and I.A.No.4 of 2022

are allowed. Election Petition No.4 of 2022 is held not maintainable for non-compliance of

Section 81(3) of the Act r/w 94A of the Conduct of Election Rules, 1961.

Consequently, Election

Petition

is

dismissed

as

not

maintainable.

Sd/-

JUDGE

By Order,

(SUMAN KUMAR DAS)

SECRETARY

(Madhu A C)

Assistant Chief Electoral Officer

& Ex-officio Under Secretary to Government

DPAR (Elections)

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R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19

Licensed to post without prepayment WPP No. 297

THAMMAIAH

Digitally signed by THAMMAIAH

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Date: 2024.04.19 17:22:58 +05'30'