P. Sathasivam, J. - (1.) This appeal, under Section 116A of the Representation of the People Act, 1951, is directed against the order dated 19.09.2008 of the High Court of Karnataka at Bangalore in Election Petition No. 4 of 2008 in and by which the High Court upheld the objection of the Registry that there was no proper presentation of the election petition in terms of Section 81(1) of the Representation of the People Act, 1951, (hereinafter referred to as "the Act"), consequently dismissed the election petition.
(2.) Election to Constituency No. 140, Bagepalli, Karnataka Legislative Assembly was held in the General Elections conducted in the State in 2008. Appellant No. 1 was the candidate of the CPM party. Appellant No. 2 was his election agent. Respondent No. 1 is the Returning Officer of Bagepalli Legislative Assembly Constituency. Respondent No. 2 is the Congress candidate who has been declared elected in the election held on 10.05.2008. Respondent No. 3 is the Observer appointed by the Election Commission of India.
(3.) According to the appellants, election was held on 10.05.2008 and counting took place on 25.05.2008. Initially, the Media Officer appointed by the Election Commission announced appellant No. 1 as the successful candidate and declared him elected. When the election agents and counting agents of appellant No. 1 had left the place of counting, an application for re-counting was submitted by the second respondent and thereafter, second respondent was declared elected. The appellants filed an election petition under Section 81 of the Act on various grounds pointing out large-scale irregularities and illegalities committed by respondent-authorities in the voting and the illegalities of allowing the recounting after announcing the declaration of appellant No. 1 as elected.;