PARIKSHITRAJ Vs. RETURNING OFFICER RAICHUR

JUDGEMENT

(1.) In this petition filed under S. 81 of the Representation of the People Act 1951 (hereinafter called the Act) the election held on 25-2-1978 for representing Raichur (21 Constituency) in the Karnataka State Assembly is called in question.

(2.) The petitioner, the 2nd respondent, and five others had contested the elections. The 2nd Respondent has been declared elected,

(3.) The petitioner had contested the election as an Independent. The 2nd respondent had stated in his nomination paper filed on 1-2-1978 that he was a candidate sponsored by the "Indian National Congress (I) led by Smt. Indira, Gandhi," and had sought for, in ordejr of preference, the symbols, (i) two bullocks with a farmer behind (ii) Elephant and (iii) Cart. His nomination paper was accepted and he was permitted to contest the election as a candidate sponsored by "The Indian National Congress (I)" and was allotted that party's symbol HAND.