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PERSONNEL AND ADMINISTRATIVE REFORMS SECRETARIAT (ELECTIONS)

NOTIFICATION

No. DPAR 05 CHUTHAA 2026, Bengaluru, Dated: 24th February 2026.

ELECTION COMMISSION OF INDIA

Nirvachan Sadan, Ashoka Road, New Delhi.

Dated: 27th January, 2026

7 Magha, 1947 ( Saka)

NOTIFICATION

No. 82/KT-LA/06/2023 :- In pursuance of Section 106 (b) of the Representation of the

People Act, 1951 (43 of 1951), the Election Commission hereby publishes the

judgment/orders of the high Court of Karnataka, Bengaluru dated : 25.09.2025 in the Election

Petition No. 06/2023

¨sÁUÀ – 4

Part – IV

, 24

, 2026

, 05

)

BENGALURU, TUESDAY, 24, FEBRUARY, 2026 ( PHALGUNA , 05, SHAKAVARSHA, 1947)

. 174

No. 174

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

ELECTION PETITION NO. 06 OF 2023

BETWEEN:

MR. K M .THIMMARAYAPPA

S/O LATE KARIYAPPA

AGED ABOUT 65 YEARS

RESIDING AT KODETHIMMANAHALLI

NIDAGAL HOBLI, PAVAGADA TALUK

TUMAKURU-572 116

…PETITIONER

(BY SRI K M THIMMARAYAPPA, PETITIONER [ABSENT])

AND:

MR. H.V. VENKATESH

S/O MR.VENKATARAMANAPPA

AGED ABOUT 46 YEARS

R/AT

HANUMANTHANAHALLI VILLAGE

MARIDASANAHALLI POST

Y.N.HOSAKOTEHOBLI

PAVAGADA TALUK, TUMAKURU -572 141 …RESPONDENT

(BY SMT. LEELA P DEVADIGA., ADVOCATE)

THIS ELECTION PETITION IS FILED UNDER SECTION 81 OF THE REPRESENTATION

OF THE PEOPLE ACT 1951, PRAYING TO SET ASIDE THE ELECTION OF THE RESPONDENT

TO THE 16TH KARNATAKA LEGISLATIVE ASSEMBLY FROM NO.137 PAVAGADA

ASSEMBLY CONSTITUENCY (SC) KARNATAKA LEGISLATIVE ASSEMBLY AND ETC. THIS

PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER

The learned counsel for the petitioner has filed a memo dated 15.04.2025, seeking permission to

retire from the case on the ground that the petitioner had taken back all the case papers pertaining

to the subject election petition, along with a no-objection vakalathnama, in the month of February

2025, on the pretext of engaging the services of another counsel. Thereafter, the petitioner has

neither engaged any other counsel nor issued any instructions to the learned counsel to proceed

with the matter. Consequently, the learned counsel sent a notice to the petitioner on 05.04.2025,

intimating him of his intention to retire from the case. Along with the memo, the learned counsel

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has enclosed the notice dated 05.04.2025 and the postal acknowledgment evidencing service of

the said notice.

2. Today, when the matter was called, neither the petitioner was present nor had he engaged any other

counsel to prosecute the case. It appears that the petitioner is not interested in pursuing the present

proceedings.

3. The question that now arises for consideration is whether the election petition can be dismissed for

default.

4. This question is no longer res integra in light of the decision of the Hon’ble Apex Court in the

case of Dr. P. Nalla Thampy Thera vs. B.L. Shankar and Others, reported in 1984 Supp.

SCC 631. The Apex Court has categorically held that an election petition is liable to be

dismissed for default in a situation covered by Order IX of the Code of

Civil Procedure (CPC). The relevant paragraph is extracted below:

“16. There is no support in the statute for the contention of the

appellant that an election petition cannot be dismissed for

default. The appellant contended that default of appearance

or nonprosecution of the election petition must be treated as

on par with withdrawal or abatement and, therefore, though

there is no clear provision in the Act, the same principle

should govern and the obligation to notify as provided in

Section 110 or 116 of the Act should be made applicable. We

see

no

justification

to

accept

such

a

contention.

Nonprosecution or abandonment is certainly not withdrawal.

Withdrawal is a positive and voluntary act while non-

prosecution or abandonment may not necessarily be an act

of volition. It may spring from negligence, indifference,

inaction or even incapacity or inability to prosecute. In the

case of withdrawal steps are envisaged to be taken before

the Court in accordance with the prescribed procedure. In

the case of non-prosecution or abandonment, the election

petitioner does not appear before the Court and obtain any

orders. We have already indicated that the Act is a self-

contained statute strictly laying down its own procedure and

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nothing can be read in it which is not there nor can its

provisions be enlarged or extended by analogy. In fact, the

terms of Section 87 of the Act clearly prescribe that if there

be no provision in the Act to the contrary, the provisions of

the Code would apply and that would include Order 9, Rule

8 of the Code, under which an election petition would be

liable to be dismissed if the election petitioner does not

appear to prosecute the election petition.”

5. In the light of the fact that the provision of the Civil Procedure Code would apply and in the light

of the absence of the petitioner, in terms of Order IX Rule 9 of CPC, the petition is liable to be

dismissed for nonprosecution.

Accordingly, the petition stands dismissed.

Sd/-

(H.T. NARENDRA PRASAD)

JUDGE

By Order,

( PAWAN DIWAN)

SECRETARY

ELECTION COMMISSION OF INDIA

By order and in the name of the

Governor of Karnataka

(MADHU A.C)

Under Secretary to Government

D.P.A.R (Elections).

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Licensed to post without prepayment WPP No. 297

THAMMAIAH

Digitally signed by THAMMAIAH

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Date: 2026.02.24 17:29:46 +05'30'