Amrendra Nath Sen, J. - (1.) This judgment will dispose of both the appeals which arise out of the judgment and order passed by the High Court of Karnataka on the 7th of August, 1979 in art Election Petition filed by B. Venkatarayyappa who was a candidate for election to the Karnataka State Legislative Assembly from Sidlaghatta Assembly Constituency in the General Election held in 1978 and was defeated at the said election by S. Munishamappa, the Respondent No. 5 in the said petition who was declared elected. T. A. Kempegodwa, Respondent No. 2, Narayanappa, Respondent No. 3, and G. Papanna the Respondent No. 4 in the Election Petition. were the other candidates who had also contested the said election and had been defeated. In the said Election Petition filed by Venkatarayappa under Section 81 of the Representation of the People Act, 1951 (hereinafter referred to as the Act), the Petitioner had prayed for a declaration that the election of Munishamappa was void under Section 9A of the Act and also for a declaration under Section 100 of the Act that the Petitioner had been duly elected to the Assembly from the said Constituency.
(2.) For reasons recorded in the judgment, the learned Judge set aside the election of Munishamappa, holding that Munishamappa had a subsisting contract with the state Government at the date of filing his nomination paper and was, therefore, disqualified under Sec. 9A of the Act from, contesting the said election, but the learned Judge refused to declare the petitioner Venkatarayappa duly elected to the Assembly. Munishamappa has preferred an appeal against the order of the learned Judge setting aside his election. Venkatarayappa has also preferred an appeal against the order of the learned Judge, refusing to declare him elected.
(3.) We propose to deal in the first instance with the appeal preferred by Munishamappa who was elected at the election and whose election has been set aside.;