- 1 - HC-KAR NC: 2025:KHC:33763 EP No. 18 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ELECTION PETITION NO. 18 OF 2023 BETWEEN: SRI N RAMANJINAPPA S/O LATE NARAYANAPPA AGED ABOUT 53 YEARS AAM AADMI PARTY (AAP) DEFEATED CANDIDATE PAVAGADA ASSEMBLY CONSTITUENCY 137 PERMANENT ADDRES NO 259, THIRUMANI VILLAGE AND POST NAGALAMADIKE HOBLI PAVAGADA TALUK TUMAKURU DISTRICT 561202. ALSO R/AT NO 11, 1ST CROSS, ANNAPOORNESHWARI LAYOUT OPP HOUSING BOARD VENKATAPURA ROAD PAVAGADA TOWN TUMAKURU DISTRICT 561202. …PETITIONER (BY SRI.RAMACHANDRA G BHAT., ADVOCATE) AND: 1. SRI H V VENKATESH S/O VENKATARAMANAPPA AGED ABOUT 46 YEARS MEMBER OF LEGISLATIVE ASSEMBLY KARNATAKA PAVAGADA ASSEMBLY CONSTITUENCY 137 Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33763 EP No. 18 of 2023 R/AT HANUMANTHANAHALLI VILLAGE MARIDASANAHALLI POST Y N HOSAKOTE HOBLI PAVANGADA TALUK TUMAKURU DISTRICT-561202. 2. THE CHIEF ELECTORAL OFFICER KARNATAKA OFFICE OF THE CHIEF ELECTORAL OFFICER SHESHADRI ROAD, NEAR CENTRAL COLLEGE AMBEDKAR VEEDHI, BENGALURU 560001. 3. THE DISTRICT ELECTION OFFICER DEPUTY COMMISSIONER PAVAGADA ASSEMBLY CONSTITUENCY 137 OFFICE OF THE DEPUTY COMMISSIONER MINI VIDHANA SOUDHA, TUMAKURU CITY TUMAKURU DISTRICT 572101. 4. THE RETURNING OFFICER TAHASILDAR PAVAGADA PAVAGADA ASSEMBLY CONSTITUENCY 137 PAVAGADA TALUK, TUMAKURU DISTRICT 561202. 5. SRI NERALAKUNTE NAGENDRA KUMAR S/O NAGARAJAPPA AGED ABOUT 38 YEARS KALYANA RAJYA PRAGATHI PAKSHA (KRPP) DEFEATED CANDIDATE R/AT NERALEKUNTE VILLAGE VENKATAPURA POST, KASABA HOBLI PAVAGADA TALUK, TUMAKURU DISTRICT-561202. 6. SRI T HANUMANTHARAYA S/O THIMMAIAH AGED ABOUT 42 YEARS BAHUJAN SAMAJA PARTY (BSP) DEFEATED CANDIDATE R/AT MANGALAVADA VILLAGE AND POST PAVAGADA TALUK, TUMAKURU DISTRICT. - 3 - HC-KAR NC: 2025:KHC:33763 EP No. 18 of 2023 7. SRI NARASIMHARAJU C N S/O LATE NARASIMHAMURTHY AGED MAJOR KARNATAKA RASHTRA SAMITHI (KRS) DEFEATED CANDIDATE R/AT CHIKKANAKOTE VILLAGE BANDHKOTE POST, KASABA HOBLI SIRA TALUK, TUMAKURU 572137. 8. SRI SRINIVASPURADA SRINIVAS BABU S/O S T HANUMAPPA AGED ABOUT 38 YEARS INDEPENDENT DEFEATED CANDIDATE R/AT SRINIVASPURA VILLAGE VENKATAPURA POST KASABA HOBLI, PAVAGADA TALUK TUMAKURU DISTRICT-561202. 9. SRI KRISHNA NAIK S/O LATE NARAYANA NAIK AGED ABOUT 49 YEARS BHARATHIYA JANTHA PARTY (BJP) DEFEATED CANDIDATE R/AT PALLAVALLI THANDA PALLAVALLI VILLAGE, PAVAGADA TALUK TUMAKURU DISTRICT-561202. 10. SRI NAGARAJAPPA S/O LATE NARASIMAPPA AGED ABOUT 52 YEARS INDEPENDENT DEFEATED CANDIDATE R/AT KODAMADUGU VILLAGE AND POST KASABA HOBLI, PAVAGADA TALUK TUMAKURU DISTRICT-561202. 11. SRI K M THIMMARAYAPPA S/O LATE KARIYAPPA AGED ABOUT 65 YEARS JANATHA DAL SECULAR (JDS) DEFEATED CANDIDATE R/AT KODITHIMMANAHALLI VILLAGE & POST - 4 - HC-KAR NC: 2025:KHC:33763 EP No. 18 of 2023 NIDGAL HOBLI, PAVAGADA TALUK TUMAKURU DISTRICT-561202. 12. SRI B T RAMASUBBIAH S/O LATE THIMMAIAH AGED ABOUT 61 YEARS BHRATIYA BAHUJAN KRANTI DAL DEFEATED CANDIDATE R/AT BHOOPURU VILLAGE KYATHAGANKERE HOBLI, PAVAGADA TALUK TUMAKURU DISTRICT. 13. SRI. GOVINDAPPA V S/O LATE VENKATARAMANAPPA AGED ABOUT 45 YEARS INDEPENDENT DEFEATED CANDIDATE R/AT NO.84, RAINGAGUE LAYOUT PAVAGADA TOWN TUMAKURU DISTRICT-561202. …RESPONDENTS THIS ELECTION PETITION IS FILED UNDER SECTIONS 80, 81 R/W SECTION 100 OF THE REPRESENTATION OF PEOPLES ACT, 1951, PRAYING THAT THE RESPONDENT NO.1 FROM PAVAGADA (SC) ASSEMBLY CONSTIUENCY-137 BE DECLARED AS NULL AND VOID AND SET ASIDE HIS ELECTION TO THE 16TH KARNATAKA LEGISLAIVE 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 This election petition is presented under Sections 80 and 81 of the Representation of the People Act, 1951 (for short, ‘RP Act’), before the Registrar (Judicial) on 27.06.2023 at 4.22 p.m. by the petitioner – candidate - 5 - HC-KAR NC: 2025:KHC:33763 EP No. 18 of 2023 assailing the election of the first respondent to the Karnataka Legislative Council, Pavagada Assembly Constituency – 137 in the election held during May 2023. 2. For attending the matter under Rule 8 of the Election Petition Procedure Rules, time was fixed on 03.07.2023 at 12.30 p.m. Totally, 24 office objections have been raised. After granting sufficient time, the office objections have been partly complied. As per Section 81(3) of the RP Act, every election petition shall be accompanied by as many copies as there are respondents mentioned in the petition. The said copies shall be attested by the petitioner under his own signature to be true copy of the petition. Along with the election petition, the petitioner has not furnished additional copies, i.e., totally 13 copies, which have been furnished on 29.09.2023. Section 81(3) of the RP Act has not been complied with. The learned counsel for the petitioner also not disputed the same. He submits that the additional copies have been submitted on 29.09.2023. - 6 - HC-KAR NC: 2025:KHC:33763 EP No. 18 of 2023 3. In view of the mandatory provision of Section 81(3) of the RP Act, the election petition deserves to be dismissed. Accordingly, it is dismissed. In view of dismissal of the petition, all pending applications stand disposed of. SD/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 93