Karnataka High Court
Sri.K.S Manjunath Gowda vs Sri. K.Y.Nanje Gowda on 16 September, 2025
Author: R Devdas
Bench: R Devdas
E.P.No.10/2023
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR.JUSTICE R. DEVDAS
ELECTION PETITON NO.10 OF 2023
BETWEEN
SRI.K.S MANJUNATH GOWDA,
S/O SONNAPPA
AGED ABOUT 45 YEARS,
KODIHALLI VILLAGE
NADAVATHI POST, VAYA,
KADUGODI, JAGADENAHALLI HOBLI,
HOSAKOTE TALUK
BENGALURU RURAL DISTRICT-562114.
...PETITIONER
(BY SRI. JAYAKUMAR S.PATIL., SR. COUNSEL FOR
SRI. SRIHARI A V, SMT. SANJANA REDDY.,
SRI. RAGHAVENDRA S.V., & SRI. THIRUMALESH H.K.,
ADVCOATES)
AND
1 . SRI. K.Y.NANJE GOWDA
S/O YELLEGOWDA
AGED ABOUT 58 YEARS
R/AT NO.97, KOMMANAHALI
TEKAL HBOLI, THORALAKKI POST,
MALUR TALUK
KOLAR DISTRICT-563137
2 . SRI VADAGANAHALLI N RAMESHA
S/O NAGAPPA
E.P.No.10/2023
-2-
AGED ABOUT 42 YEARS
R/A VADAGANAHALLI VILLAGE,
DHODDAKADATHURU POST
MALUR TALUK
KOLAR DISTRICT-563130.
3 . SRI RAVISHANKAR M
S/O MUNIYAPPA N
AGED ABOUT 64 YEARS
R/A NO.13, 14TH CROSS,
11TH MAN ROAD, WILSON GARDEN
BANGALORE-560027.
4 . SRI G E RAMEGOWDA
S/O IRIYAPPA GOWDA
AGED ABOUT 52 YEARS
R/A NO.282B
NEAR KELAVARI CHURCH
NANJAMMA LAYOUT ADARSHA NAGAR
MALUR TALUK
KOLAR DISTRICT-563130.
5 . SRI K R S MAHESH A V
S/O VENKATASWAMY
AGED ABOUT 31 YEARS
R/A ARALERI GRAMA
ARALERI AND PANCHAYATH
MALUR TALUK-563130
6 . SRI VENKATESH GOWDA B G
S/O B M GOVINDAPPA
AGED ABOUT 38 YEARS
R/A BANAHALLI VILLAGE
TEKAL POST, TEKAL HOBLI,
MALUR TALUK
KOLAR DISTRICT-563137.
7 . SMT JAYAMMA
D/O LATE GUNDAPPA
AGED ABOUT 46 YEARS,
E.P.No.10/2023
-3-
R/A BALAJI TALKIES ROAD
BABURAO ROAD MALUR-563130.
8 . SRI N DEVANAND BABU
S/O LATE T MUNIYAPPA
AGED ABOUT 72 YEARS,
R/AT NO.301, 7TH MAIN ROAD,
2ND BLOCK H R B R LAYOUT
KALYAN NAGAR
BANGALORE-560043.
9 . SRI N NAGESH
S/O KRISHNAPPA
AGED ABOUT 33 YEARS
R/A WARD NO.22, 2ND CROSS,
MALUR TOWN-563137.
10 . SMT NARAYANAMMA
D/O CHIKKAMARIYAPPA
AGED ABOUT 60 YEARS,
R/A NAMBIGANAHALLI VILLAGE,
HUNGENAHALLI POST,
MALUR TALUK-563130.
11 . SRI H R RAMEGOWDA
S/O RANGESHA THIMMEGOWDA
AGED ABOUT 63 YEARS,
R/AT NO.142, HULADENAHALLI
MALUR TALUK
KOLAR DISTRICT-563137.
12 . SRI M VIJAYA KUMAR
S/O MUNIVENKATAPPA
AGED ABOUT 27 YEARS
R/A LINGAPUR VILLAGE
DHODDAKUDATHURU
MALUR TALUK-563130
13 . SRI HOODI VIJAYAKUMAR
S/O VENKATASWAMY
E.P.No.10/2023
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AGED ABOUT 40 YEARS,
R/A NO.A/24, MODI NIVAS
WITE GARDEN, ARALERI ROAD,
MALUR TOWN-563130.
14 . SRI SURESH KEMPANNA
S/O KEMPANNA
AGED ABOUT 47 YEARS
R/A NO.62, SIDDARTH LAYOUT
KAVALBYRASANDRA
BANGALORE-560032
...RESPONDENTS
(BY MS. NALINA MAYEGOWDA., SR. COUNSEL FOR
SRI. MAHENDRA GOWDA C R & SRI. VENKATESH H.K.,
ADVOCATES FOR R1;
SRI. DEEPAK S. SHETTY & R.VYBHAV., ADVOCATES
FOR R13
R2 TO R12 & R14 ARE SERVED)
THIS ELECTION PETITION IS FILED U/SEC.81 OF THE
REPRESENTATION OF PEOPLES ACT, 1951, AND RULE 4 OF
THE KARNATAKA ELECTION PETITION RULES BY
SRI.K.S.MANJUNATH GOWDA PETITIONER-CANDIDATE,
CHALLENGING THE ELECTION OF RESPONDENTS-
SRI.K.Y.NANJE GOWDA AND OTHERS, FROM 149- MALUR
ASSEMBLY CONSTITUENCY, KOLAR DISTRICT, TO THE
KARNATAKA LEGISLATIVE ASSEMBLY, 2023 AND THE
PETITIONER PRAYS THIS HON BLE COURT TO CALL FOR
RECORDS DOCUMENTS, VIDEOS, COMPUTERS AND ALL
MATERIAL AND COMPUTER WHERE THE REJECTION ORDER
WAS DRAFTED AND ALL FURTHER MATERIAL AND DATA
REGARDING THE ELECTION INCLUDING THE VIDEOGRAPHY
AND COMPUTATIONS RELATING TO THE ELECTIONS AND TO
HOLD THEM IN CUSTODY BEFORE THIS HON BLE COURT
INCLUDING ELECTRONIC VOTING MACHINES (EVM) MACHINE
AND THE POSTAL BALLOTS AND ETC.
E.P.No.10/2023
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THIS ELECTION PETITION HAVING BEEN HEARD AND
RESERVED ON 18.07.2025 AND COMING ON FOR
PRONOUNCEMENT OF ORDERS, THIS DAY, THIS COURT MADE
THE FOLLOWING:
CORAM: HON'BLE MR JUSTICE R DEVDAS
CAV JUDGMENT
(PER: HON'BLE MR JUSTICE R DEVDAS) This Election petition is filed under Section 81 of the Representation of People Act, 1950, read with Rule 4 of the Karnataka Election Petition Rules, where the petitioner has raised a challenge to the election of the first respondent as the winning candidate of Malur Assembly Constituency, Kolar District (Karnataka Assembly Constituency No.149), during the Elections held in May 2023.
2. The petitioner has sought the election of respondent No.1 to be declared as void under Section 100(1)(d)(i) to (iv) of Representation of People Act, 1951 (hereinafter referred to as, 'the R.P.Act', for short) and to declare the petitioner as the elected candidate. The E.P.No.10/2023 -6- petitioner has sought for recounting of votes and to declare the petitioner as having been elected on the basis of the votes secured by him or in the alternative, on the basis of the results of the recount, declare the petitioner as the elected candidate.
3. On the basis of the pleadings, this Court framed the following:
:: ISSUES ::
(1) Whether the petitioner proves that the Returning Officer has violated Rule 66-A of the Conduct of Election Rules, 1961 and procedure prescribed in the Hand Book for the Returning Officer while obtaining signatures on the Form No.17-C Part-II from the counting agents of the petitioner and whether there is manipulation and over writing in Form No.17-C which has materially affected the result of the election?
(2) Whether the petitioner proves that the order of rejection of the application for E.P.No.10/2023 -7- recounting was prepared and signed on 15.05.2023 and communicated on 17.05.2023, ante dated as 13.05.2023 in gross violation of Representation of the People Act, 1951 and Rules?
(3) Whether the petitioner proves that non-
conducting of the mandatory VVPAT trial as per the procedure has materially affected the result of the election and thereby vitiating the entire process of counting?
(4) Whether the petitioner proves commission of corrupt practice of aiding and lending assistance to the Respondent No.1 by the Returning officer and other officials under Section 123(7) of the Representation of the People Act, 1951 materially affecting the outcome of the election result? (5) Whether the petitioner proves there was wrong tabulation of votes by the returning officer which has materially affected the outcome of the election result?
E.P.No.10/2023-8- (6) Whether the petitioner is entitled for relief of recounting of votes in respect of 149- Malur Assembly Constituency?
(7) Whether the petitioner is required to be declared as elected candidate of 149-Malur Assembly Constituency, while setting aside the election of respondent No.1?
(8) What order?
4. During the course of examination-in-chief and cross-examination, it was found that the video recordings of the election counting, barring the video recording of the VVPAT process, was not made available by the District Election Officer (hereinafter referred to as 'DEO' for short). Learned Senior Counsel appearing for the petitioner has raised this issue, regarding non-availability of the video recording of the counting process, as a mandatory requirement of law and has pressed for allowing the Election Petition on that ground alone, to issue directions for recounting. E.P.No.10/2023 -9-
5. In order to buttress his contention, that the non- availability of the videograph recordings of the counting process is sufficient to allow the Election Petition while directing recounting, the learned Senior Counsel submitted that the petitioner has raised pertinent issues as to whether the petitioner proves commission of corrupt practice of aiding and lending assistance to respondent No.1 by the Returning Officer and other officials, materially affecting the outcome of the election result; that the Returning Officer obtained signatures on Form No.17C Part II from the counting agents of the petitioner even before the counting; that signatures of the counting agents of the petitioner were not taken in Form No.17C Part II in many rounds; wrong tabulation of votes by the Returning Officer are all instances which could be easily verified from the video recordings.
6. It is now alleged on behalf of the petitioner that the DEO has deliberately withheld the video recordings of E.P.No.10/2023 -10- the counting process, to avoid scrutiny and verification of the same at the hands of this Court. Learned Senior Counsel has also pointed out to the material available on record viz., Form No.17C Part II which are marked and exhibited before this Court as Ex.P11 etc., which do not contain the signatures of the petitioner's counting agents. It is also pointed out that although it is mandatory to serve a copy of Form No.17C Part II to the counting agents, copies have not been given. It was pointed out that unauthorized persons were permitted to enter the counting centre, contrary to the Rules. No publication was made in the counting centre at the end of every round of counting, which again is mandatory. Learned Senior Counsel submitted that the main allegation of the petitioner is regarding the improper acceptance of votes in favour of respondent No.1 and improper rejection of votes in favour of the petitioner. It is submitted that these are all instances which have been recorded in the E.P.No.10/2023 -11- video camera/CCTV cameras which were installed in the counting centre, which could be easily verified at the hands of this Court. However, the video recordings are deliberately withheld by the DEO and therefore, this Court should direct recounting of the votes.
7. Another major ground raised by the petitioner is that the Returning Officer did not pass any order on the application filed by the petitioner seeking recounting. In this regard, learned Senior Counsel submitted that the Returning Officer has not disputed the fact that the petitioner gave an application in writing for recounting immediately after the last round of counting and tabulation. However, no orders were passed by the Returning Officer on the application filed by the petitioner for recounting. It is pointed out from the material available on record, that the Returning Officer has not produced the original order said to have been passed by him. On the other hand, it is admitted that on E.P.No.10/2023 -12- 15.05.2023, two days after the counting which took place on 13.05.2023, on the insistence of the petitioner, the order was typed out in the office of the Tahsildar and the same was handed over to Sri Venugopal PW2, the election agent of the petitioner. In fact, a copy of the order/endorsement was forwarded through WhatsApp, to Sri Venugopal PW2. The Returning Officer however, has denied the suggestion put on behalf of the petitioner that he did not issue any endorsement rejecting the application for recounting on 13.05.2023. The Returning Officer has admitted in the cross-examination that the petitioner started asking for recounting from 1.30 p.m. and finally after the VVPAT process was over the petitioner left the centre, but the Returning Officer prepared the order and kept it ready in the office. However, neither the original of the order nor the endorsement for having issued the same to the petitioner is available on record.
E.P.No.10/2023-13-
8. Learned Senior Counsel Sri Jayakumar S. Patil submitted that in terms of Rule 63(3) of the Conduct of Election Rules, 1961 (hereinafter referred to as 'the Rules, 1961' for short), the Returning Officer is required to decide the application for recounting and pass an order in writing, with reasons. Sub-rule (6) of Rule 63 would also require the Returning Officer to give reasonable opportunity to the applicant. However, having regard to the contentions of respondent No.1 that the petitioner never gave such an application in writing to the Returning Officer, the learned Senior Counsel pointed out to the averments in the petition and deposition of the petitioner, PW.1 that he gave the application for recounting at 2:17 p.m., and the Returning Officer said he will do recounting of 20 EVMs. But, the petitioner insisted on full recounting.
9. Learned Senior Counsel submitted that the announcement of the final result under Rule 64 is without E.P.No.10/2023 -14- compliance of Rule 63. It is submitted that the law does not contemplate a situation where orders are not passed by the Returning Officer, on the application filed by the aggrieved party seeking recounting. Therefore, respondent No.1 cannot contend that non-passing of an order or non-consideration of the application for recounting by itself cannot be a ground for seeking voiding of an election. It has been contended at the hands of the learned Senior Counsel appearing for respondent No.1 that having regard to clause (d) of sub- section (1) of Section 100 of the R.P.Act, the petitioner will have to prove or satisfy this Court that the non- consideration of the application for recounting has materially affected the result of the election.
10. Learned Senior Counsel Sri.Jayakumar S. Patil, appearing for the petitioner has placed reliance on Election Commission of India, through Secretary Vs. Ashok Kumar and Others, (2000) 8 SCC 216, and Union E.P.No.10/2023 -15- of India Vs. Association for Democratic Reforms and Another, (2002) 5 SCC 294, to contend that the norms and moralities, including the Handbook for Returning Officer have the force of law, having been issued by the Election Commission by virtue of powers conferred under Article 324 of the Constitution of India. This submission comes in the wake of the contention of the learned Senior Counsel appearing for respondent No.1 that the instructions in the Handbook for Returning Officer have no force of law. It was contended on behalf of respondent No.1 that the requirement of videographing the counting process is not found in the R.P.Act, or the Rules, 1961. It was also pointed out that the Handbook for Returning Officer, 2023 came into effect on 22.08.2023, while the counting was held 13.05.2023 and therefore, the same is not applicable. It was therefore contended that clause 15.11.4 of the Handbook for Returning Officer, 2023 cannot be pressed into service in E.P.No.10/2023 -16- the present case. It is only under the Handbook 2023, that the requirement of the counting process being covered 360 degree through CCTV coverage or videography with date and time stamping and to be stored in appropriate retrievable storage device is provided for and not in Handbook 2019 which is applicable to the fact of the present case. It was pointed out that the requirement under Handbook for Returning Officer 2019, more particularly, clause 15.14.8 recommended the entire counting process to be videographed. CD of the recording should be kept in safe custody of D.E.O.
11. Addressing this contention, learned Senior Counsel Sri.Jayakumar S. Patil submitted that clause 15.14.8 of Handbook for Returning Officer, 2019 also prescribed that the entire counting process to be videographed. The CD of the recording should be kept in the safe custody of the D.E.O. The video coverage shall E.P.No.10/2023 -17- be ensured at every stage of the counting. The video coverage shall include the randomization process, the process of opening of strong room, transfer of EVMs from strong room to counting hall, counting hall arrangements, process of counting in general in the counting hall and process of tabulation in general at the Returning Officer's table, the process of counter checking of two EVMs by the Observers and security arrangements inside and outside the counting hall, presence of candidates and their agents in the counting centre and process of declaration of results, etc. It was pointed out that clause 15.14.8 mandates that the vidoegraphy should indicate the date and time and the video CDs should be sealed clearly labeling all the details contained therein, after the counting process is over, for future reference.
(Emphasis supplied)
12. In that view of the matter, the learned Senior Counsel placed reliance on Vijay Bahadur Vs. Sunil E.P.No.10/2023 -18- Kumar And Others, (2025) 4 SCC 180, where it was held that if the Presiding Officers' records are missing and cannot be verified, it can be found that final conclusion is within the realm of questionability. Each and every document pertaining to an election is important and all efforts should be made to preserve the same. Having regard to the fact that important documents pertaining to the election were missing and such absence were unexplained, the Hon'ble Apex Court held that the directions issued by the High Court for recounting would be justified.
13. Therefore, Sri.Jayakumar S. Patil, learned Senior Counsel appearing for the petitioner submitted that since the video recordings are not made available to this Court for verification in accordance with law, that itself is sufficient to direct recounting. This Court need not go any further to consider all other averments made in the petition.
E.P.No.10/2023-19-
14. Per contra, learned Senior Counsel Smt. Nalina Mayegowda, appearing for respondent No.1 submitted that an election petition is filed under the provisions of a statute and not under common law. It has been declared by the Courts that an election petition is a quasi criminal proceedings and therefore, the petition is required to be considered on the basis of the evidence brought on record at the hands of the petitioner. It is contended that although respondent No.1 was the elected MLA for the previous term 2018-2023, nevertheless, Bharathiya Janatha Party (BJP) was the party in power. The first respondent belongs to the Indian National Congress and therefore, it would be futile on the part of the petitioner to contend that respondent No.1 has exerted pressure over the Returning Officer and the Election authorities to indulge in unlawful practice, to support the first respondent and that the Returning Officer has declared respondent No.1 as winning candidate, although E.P.No.10/2023 -20- respondent No.1 secured lesser votes than the petitioner. It is submitted that just because the margin of votes polled between the petitioner and respondent No.1 is slender, it cannot be a ground to seek recounting. The petitioner is required to prove before this Court that the conduct of the Returning Officer and the other election authorities have materially affected the result of the elections or counting. It is for the petitioner to satisfy this Court on the basis of the primary material available viz., Form-17C Part II. It is submitted that the videograph of the counting process cannot be primary evidence. It should be considered as secondary evidence. It is submitted that the primary evidence are in the Forms - Form-17C Part II and all other material evidence available before this Court. This Court should look into the primary evidence brought on record and on being satisfied that the material available on record prove the illegality, without any doubt in the mind of this Court, E.P.No.10/2023 -21- only then this Court can direct the recounting and not otherwise.
15. It is submitted that the act of the counting agents of the petitioner not affixing their signature in some of the Form-17C Part II, should be held as a deliberate attempt, orchestrated effort to malign the process of counting. It is pointed out from the depositions of the petitioner witnesses, that many of them are practicing lawyers. They are aware of the process of the election and counting. They have not denied the fact that in most of the Form-17C Part II, they have affixed their signatures. They have admitted in their cross-examination, that they did not protest when they were asked to sign the Form before the EVMs were opened and the results falling out of the machine were announced.
16. Insofar as, the application for recounting said to have been filed by the petitioner, the learned Senior E.P.No.10/2023 -22- Counsel for respondent No.1 submitted that Ex.P24 is said to be the application filed by the petitioner seeking recounting. But, what has been produced before this Court from the strong room is a photocopy and not the original. This, coupled with the fact that the original of the order said to have been passed by the Returning Officer is also not available, this Court should conclude that the petitioner never filed the application and the Returning Officer never had the occasion to pass orders. It has been admitted that Ex.P25, the order passed by the Returning Officer on the application for recounting, is also not the original. On the other hand, it has been admitted by the Returning Officer that the order was retyped on 15.05.2023 and the same was communicated to the election agent of the petitioner PW2 - Sri Venugopal. Learned Senior Counsel submitted that these documents, along with Ex.P12 (e-mail sent by the petitioner to the Election Commission of India) and E.P.No.10/2023 -23- Ex.P14, the reply given by the ECI, clearly show that the petitioner had never tendered the application for recounting on the date of the counting. The claim of the petitioner having filed the application for counting in a manner known to law have been proved to be a false claim. On the other hand, the Returning Officer and the other officials are hand in glove with the petitioner, preparing grounds for recounting.
17. Insofar as the requirement of law in the matter of recording the counting process and making available before the court of law for verification, learned Senior Counsel appearing for respondent No.1 contended that the Hand Book of 2019 is the one that is applicable to the facts of the present case and not Hand Book of 2023. It is submitted that the Hand Book of 2023 came into effect from 22.08.2023, while the counting in the present case was held on 13.05.2023. It is pointed out that unlike the requirements in the Hand Book 2023 E.P.No.10/2023 -24- which prescribe CCTV coverage of the counting process in 360 degrees, what was prescribed in the Hand Book 2019 is only videography and preservation of the CD recording for verification. The video recording of the counting process should be treated as secondary evidence, while all other documentary evidence should be treated as primary evidence. It is submitted that the primary evidence being made available before this Court, this Court should look into the primary evidence and decide the matter. The secondary evidence in the form of video recording can be looked into only if necessary. The petitioner cannot contend that since the videography is not made available to this Court, adverse inference should be drawn. On the other hand, if the primary evidence is looked into, more particularly Form-17C Part II, it would be clear that even in respect of those Forms where the signatures of the counting agents of the petitioner is not found, the number of votes secured by E.P.No.10/2023 -25- the petitioner is much more than that of respondent No.1. It is therefore submitted that the petitioner has failed to prove that the instances of irregularity averred in the petition, have in way materially affected the result of the election.
18. Learned Senior Counsel Smt. Nalina Mayegowda, has placed reliance on Harsh Kumar Vs. Bhagwan Sahai Rawat And Others, (2003) 7 SCC 709, to contend that burden of proof is on the petitioner to prove that the election result was materially affected. Recounting of votes cannot be ordered on the basis of general or bald allegations. In this regard, reliance is placed on P.H. Pujar Vs. Kanthi Rajashekar Kidiyappa And Others, (2002) 3 SCC 742. Regarding the contention that Handbook are only guidelines and instructions contained therein have no statutory force, reliance is placed on Jitu Patnaik Vs. Sanatan Mohakud And Others, (2012) 4 SCC 194. It was E.P.No.10/2023 -26- pointed out that in Satyanarain Dudhani Vs. Uday Kumar Singh and Others, 1993 Supp (2) SCC 82, it was held that recount of votes cannot be ordered only on the basis of defeat by narrow margin.
19. Learned Senior Counsel, while pointing out to Section 38 of the R. P. Act, read with Rule 49B of the Rules, 1961, submits that the same provide for the order of names of the candidates to be shown in the balloting unit and accordingly, the name of the respondent No.1, as sitting MLA should be shown first in the list. This submission is made to demolish the argument of the petitioner that although the results falling out of the EVM reflected a particular number of votes to respondent No.1, nevertheless, while entering the same in the Form 17C Part II, votes secured by other candidates, which are marginal, have been entered in favour of respondent No.1. It is sought to be contended that in accordance with the order of the candidates, since name of the first E.P.No.10/2023 -27- respondent is at Sl.No.1, the votes secured by him is first entered in the Form 17C Part II. The same cannot be corrected or tampered with. It is also pointed out from the Ex.P-11 series viz., Form 17C Part II, that there are no interpolation or overwriting of the number of votes secured by respondent No.1. It should be mentioned here that that rule prescribes that the names of the candidate should be listed according to alphabetical order. It does not prescribe that the name of the sitting MLA should be at Sl.No.1.
20. Learned Senior Counsel submitted while summarizing her arguments, that the petitioner has failed to prove from the primary evidence brought on record that there has been any irregularity at the hands of the Returning Officer and other election authorities or that such discrepancies have in any manner materially affected the result of the election. The petitioner has failed to substantiate his contention in the election E.P.No.10/2023 -28- petition by giving precise information which could be considered by this Court. Vague and bald allegations are made by the petitioner which are not substantiated by the documentary evidence found on record. It is submitted that an election petition should be considered as one filed by the petitioner, not only against the winning candidate, but also against the entire constituency. That is the reason why it is held that courts should be slow in voiding an election or while directing recounting. It is submitted that the witnesses of the petitioner are interested parties and they would naturally support the contention of the petitioner. However, the petitioner has failed to bring in and examine independent witnesses like the other losing candidates.
21. Heard learned Senior Counsel Sri.Jayakumar S.Patil, appearing for the petitioner, learned Senior E.P.No.10/2023 -29- Counsel Smt.Nalina Mayegowda, appearing for respondent No.1 and perused the petition papers.
22. Although various issues are framed, having regard to the pleadings of the parties, nevertheless, having regard to the subsequent development during the course of these proceedings, viz., that the video recording of the counting process is not made available to this Court for verification, this Court is of the considered opinion that the consequences of the non-production of the video recordings in this election petition is required to be considered as a preliminary issue.
23. Various allegations have been made by the petitioner, such as:
(a) the Returning Officer and his team of Election Officers have obtained signatures of the counting agents of the petitioner even before the EVMs were opened, in violation of Rule 66A of the Rules, 1961;E.P.No.10/2023 -30-
(b) the Returning Officer did not pass any order on the application for recounting filed by the petitioner;
(c) that there was wrong tabulation of the votes by the Returning Officer;
(d) that the signature of the counting agents of the petitioner have not been obtained in many of Form-17C Part II and in that regard the Returning Officer has contended during his examination that the counting agents of the petitioner were not available at the table;
(e) that unauthorized persons were permitted to enter the counting centre, etc.
24. In the considered opinion of this Court, the veracity of such allegation could be easily verified by looking at the videograph. It could be ascertained as to whether the signatures of the counting agents of the petitioner were obtained even before the EVMs were E.P.No.10/2023 -31- opened. It could be ascertained whether the counting agents of the petitioner were not present at the table at the end of each round of counting. It could be ascertained whether the petitioner presented an application seeking recounting to the Returning Officer and if so, at what time? It could be ascertained whether the Returning Officer considered the application, got the order typed and whether copy of the order was given to the petitioner. It could be ascertained as to whether any unauthorized person was permitted to enter the counting centre and whether such persons brought to bear pressure on the Returning Officer.
25. This Court is also of the considered opinion that the petitioner has given sufficient details of the discrepancies in the process of counting. The petitioner has been able to point out to various Form-17C Part II documents where the signatures of the petitioners counting agents are not found. In some documents, the E.P.No.10/2023 -32- petitioner has been able to point out to signatures of fictitious person signing as the counting agent of the petitioner. The Returning Officer and the other officials have admitted that copy of the order passed by the Returning Officer, in respect of the application for recounting, was retyped and a copy was handed over to Sri.Venugopal, on 15.05.2023. This, coupled with the fact that the original order dated 15.05.2023 is not available with the Returning Officer and was not found along with documents presented from the strong room, has created sufficient doubt in the mind of this Court that the Returning Officer may not have passed an order on the day of counting. If it is found true that no order was passed by the Returning Officer on the application for recounting, this Court can proceed to hold that the Returning Officer has violated a mandatory provision of the statute. The petitioner has a right to file an application for recounting and he has a right to have the E.P.No.10/2023 -33- application considered in accordance with law. However, since the recordings are not available, this Court should draw adverse inference against the Returning Officer, that he did not pass any order.
26. This Court is not impressed with the contention of the learned Senior Counsel for respondent No.1 that the requirement of video recording the process of counting is contained in the Handbook for Returning Officers which are only guidelines to the Returning Officers and therefore, it cannot be considered as a mandatory provision. Learned Senior Counsel Sri. Jayakumar S. Patil, is right in his submission that commencing from Mohinder Singh Gill And Another Vs. Chief Election Commissioner, New Delhi And Others (1978) 1 SCC 405, and subsequently, in Kanhiya Lal Omar Vs. R.K. Trivedi And Others, (1985) 4 SCC 628, and Union of India Vs. Association for Democratic Reforms and Another, E.P.No.10/2023 -34- (2002) 5 SCC 294, the Hon'ble Apex Court has held the Constitution, in terms of Article 324, has taken care of leaving scope for exercise of residuary power by the Commission in its own right as a creature of the Constitution in the infinite variety of situations that may emerge from time to time in a large democracy, as every contingency could not be foreseen or anticipated by the enacted laws or the rules. By issuing necessary directions, the Commission can fill the vacuum till there is legislation on the subject. The requirement of recording the entire counting process with a direction as contained in clause 15.14.8 of the Handbook for Returning Officer, February, 2019, that the CD of the recording should be kept in safe custody of the District Election Officer; that the video coverage shall be ensured at the every stage of the counting; the video coverage shall include the randomisation process, the process of opening the strong room, transfer of EVMs from strong room to counting E.P.No.10/2023 -35- hall, counting hall arrangements, process of counting in general, in the counting hall and process of tabulation in general at the Returning Officers table, the process of counter checking of two EVMs by the Observers and security arrangements and the process of declaration of results, etc. and that the videography should indicate the date and time and the video CDs should be sealed, clearly labeling all the details contained therein after the counting process is over for future reference, cannot be brushed aside as mere guidelines. In fact, clause 15.14.9 provides that a CD containing the record of complete videography of counting process may be given to candidates free of cost, on specific demand. The wisdom behind such directions are not far to seek.
(Emphasis supplied)
27. In similar vein, the requirement of furnishing copies of Form-17C Part II as found in clause 15.24.2 to the counting agents at every table for their record and E.P.No.10/2023 -36- verification, is with a laudable objective of ensuring a clean and transparent election. These provisions also double up providing essential evidence to the losing candidates to challenge the election of the winning candidate. It would otherwise be difficult and well-neigh impossible to raise a challenge to an election which require tenable grounds and documentary proof at the trial. It is with this objective that such directions are contained in the Handbook for Returning Officers to follow at every step of the election and counting. Clause 15.24.1 also directs that after votes secured by each candidates are displayed in the display panel of the EVMs, the counting supervisor should record the number of such votes separately in respect of each candidate in "Part II- result of counting" of Form 17C. The counting supervisor should note down in Part II of Form 17C whether the total number of votes as shown in that part tallies with the total number of votes shown against Item 6 of Part I of E.P.No.10/2023 -37- that Form or any discrepancy has been noticed between the two totals. It directs that after completing that Form in all respects, the counting supervisors should sign it and he should get it signed by the candidates or their agents present at the counting table. Therefore, if allegations are made that the signatures of the counting agents were taken even before the EVMs were opened or that the signatures of the counting agents were not taken in Form 17C Part II, then the same could have been verified by looking at the video recordings.
28. It should be mentioned that during the course of the proceedings, when the DEO failed to produce the video recordings, this Court issued notice to the Election Commission of India. Affidavits were filed by the DEO pursuant to summons issued by this Court along with communications made to the service provider and the reply given by the service provider that it had handed over the hard disk containing the video recordings and E.P.No.10/2023 -38- upon receipt of all the data, completion certificate was issued to them by the DEO. The Election Commission of India is aware of all these developments, however, all efforts made by this Court to secure the video recordings have gone in vain.
29. This Court need not look any further than the recent decision of the Hon'ble Apex Court in the case of Vijay Bahadur (supra) where it was held at paragraphs No.33 and 34, as follows:
"33. The candidates in the election wanting to keep an eye on voting during the day and inspect records of the same is something which cannot be denied to them. If the Presiding Officers' records are missing and cannot be verified, it can be found that the final conclusion is within the realm of questionability. Each and every document pertaining to an election is important and all efforts should be made to preserve the same.
34. The election in question took place in the year 2021 and the process of law has culminated by way of this judgment, four years E.P.No.10/2023 -39- later. For the reasons aforesaid, that three of the four candidates question the veracity of the election and the manner in which it was conducted, and that important documents pertaining to the election are missing and such absence is unexplained, we are of the view in the present facts that a re-count would be justified."
30. In the said case, the Hon'ble Apex Court noticed the fact that allegations were made that there is disparity in the count of votes informed to the appellant therein and that which was finally disclosed in the official form. It was found that the diary of the Presiding Officer of the polling booths, which is an essential document recording the casting of votes could not be found despite a consorted effort. Even under those circumstances, the Apex Court held that the Presiding Officers records are missing and cannot be verified, and therefore, the final conclusion was within the realm of questionability. It was held that each and every document pertaining to an E.P.No.10/2023 -40- election is an important document and all efforts should be made to preserve the same for verification.
31. In that view of the matter, this Court is of the considered opinion that the petitioner has made out a case for directing recounting of the votes.
32. Accordingly, the Election Petition is allowed in part, directing recounting of votes and then, to declare the results afresh. The election of respondent No.1 to Malur Assembly Constituency, Kolar District, (Karnataka Assembly Constituency No.149) during the elections held in May-2023 is hereby set aside. The Election Commission of India, is directed to ensure recounting of votes and declaration of results afresh, of Malur Assembly Constituency, Kolar District (Karnataka Assembly Constituency No.149), within four weeks from the date of receipt of a copy of this judgment. All other procedures after declaration of results shall be followed, in accordance with law.
E.P.No.10/2023-41-
33. Pending Interlocutory Applications, if any, stand disposed of.
34. Registry is directed to communication this judgment to the following forthwith, through Speed Post as well as e-mail:
1) The Secretary, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi-110 001.
2) Chief Electrol Officer, Office of the Chief Electrol Officer, State of Karnataka, Seshadri Road, Bengaluru- 560 001.
3) The District Election Officer, Kolar District, Kolar.
4) The Returning Officer, Malur Assembly Constituency, Kolar District (Karnataka Assembly Constituency No.149).
35. The Election Commission of India, is also directed to take note of the fact that the District Election E.P.No.10/2023 -42- Officer has failed to furnish the video recording before this Court. Appropriate action shall be taken against the District Election Officer, in accordance with law.
Sd/-
(R. DEVDAS) JUDGE DL/KLY/JT CT: JL :: ANNEXURE ::
LIST OF WITNESSES EXAMINED ON BEHALF OF THE PETITIONER PW.1 : K S Manjunath Gowda PW.2 : Venugopal Y G PW.3 : T B Krishnappa PW.4 : Srinivasa Kiran PW.5 : Kumarswamy S R PW.6 : Ramesh K PW.7 : Raghavendra PW.8 : B Nagaveni PW.9 : H R Srinivas PW.10: Devadatta Nayaka PW.11: Anand Kumar K PW.12: Rathnappa E.P.No.10/2023 -43- PW.13: Nagaraju B S PW.14: C N Pradeep Kumar PW.15: Sathish B P PW.16: Dr. G Elumalai PW.17: Venkat Raja LIST OF EXHIBITS MARKED ON BEHALF OF THE PETITIONER:
EX-P1 Certified copy of FORM NO-21C (Declaration of the result of Election under section 66 of RP Act 1951) EX-P2 Certified copy of FORM NO- 21E EX-P3 Certified copy of FORM NO-22 EX-P4 Copy of Notification Dated 13-04-2023 issued in the Karnataka Gazette EX-P5 Copy of List of contesting candidates issued by the Election Commission of India, dated 16-06-2023 EX-P6 Copy of the images downloaded from the mobile phone of petitioner's wife EX-P7 Copy of the images downloaded from the mobile phone of petitioner's wife EX-P7(a) Certificate under section 65B of the Indian Evidence Act 1872 in regard to Exhibit-P6 EX-P7(b) Certificate under section 65B of the Indian Evidence Act 1872 in regard to Exhibit-P7 E.P.No.10/2023 -44- EX-P8 Compact disk which contains the clippings of news publication telecasted in Dighvijay News Channel on 13-06- 2023.
EX-P8(a) Certificate under section 65B of the Indian Evidence Act 1872 in regard to Exhibit-P8 EX-P9 Certified copy of application given to the Returning Officer seeking recounting by Petitioner EX-P9(a) Signature of Petitioner in application given to the Returning Officer seeking recounting Ex-P9(b) Signature of Returning Officer (PW-5) which is in document of Ex- P9 Result of counting at Round No.1 EX-P10 Certified copy of Form No-17C issued by the Assistant Returning Officer (in Table No.1) EX-P10(A-1) Certified copy of Form No-17C issued by the Assistant Returning Officer (in Table No.2) EX-P10(A-2) Certified copy of Form No-17C issued by the Assistant Returning Officer (in Table No.3) EX-P10(A-3) Certified copy of Form No-17C issued by the Assistant Returning Officer (in Table No.4) EX-P10(A-4) Certified copy of Form No-17C issued by the Assistant Returning Officer (in Table No.5) E.P.No.10/2023 -45- EX-P10(A-5) Certified copy of Form No-17C issued by the Assistant Returning Officer (in Table No.6) EX-P10(A-6) Certified copy of Form No-17C issued by the Assistant Returning Officer (in Table No.7) EX-P10(A-7) Certified copy of Form No-17C issued by the Assistant Returning Officer (in Table No.8) EX-P10(A-8) Certified copy of Form No-17C issued by the Assistant Returning Officer (in Table No.9) EX-P10(A-9) Certified copy of Form No-17C issued by the Assistant Returning Officer (in Table No.10) EX-P10(A- Certified copy of Form No-17C issued
10) by the Assistant Returning Officer (in Table No.11) EX-P10(A- Certified copy of Form No-17C issued
11) by the Assistant Returning Officer (in Table No.12) EX-P10(A- Certified copy of Form No-17C issued
12) by the Assistant Returning Officer (in Table No.13) EX-P10(A- Certified copy of Form No-17C issued
13) by the Assistant Returning Officer (in Table No.14) Result of counting at Round No.2 EX-P10(A- Certified copy of Form No-17C issued
14) by the Assistant Returning Officer (in Table No.1) E.P.No.10/2023 -46- EX-P10(A- Certified copy of Form No-17C issued
15) by the Assistant Returning Officer (in Table No.2) EX-P10(A- Certified copy of Form No-17C issued
16) by the Assistant Returning Officer (in Table No.3) EX-P10(A- Certified copy of Form No-17C issued
17) by the Assistant Returning Officer (in Table No.4) EX-P10(A- Certified copy of Form No-17C issued
18) by the Assistant Returning Officer (in Table No.5) EX-P10(A- Certified copy of Form No-17C issued
19) by the Assistant Returning Officer (in Table No.6) EX-P10(A- Certified copy of Form No-17C issued
20) by the Assistant Returning Officer (in Table No.7) EX-P10(A- Certified copy of Form No-17C issued
21) by the Assistant Returning Officer (in Table No.8) EX-P10(A- Certified copy of Form No-17C issued
22) by the Assistant Returning Officer (in Table No.9) EX-P10(A- Certified copy of Form No-17C issued
23) by the Assistant Returning Officer (in Table No.10) EX-P10(A- Certified copy of Form No-17C issued
24) by the Assistant Returning Officer (in Table No.11) EX-P10(A- Certified copy of Form No-17C issued
25) by the Assistant Returning Officer (in Table No.12) E.P.No.10/2023 -47- EX-P10(A- Certified copy of Form No-17C issued
26) by the Assistant Returning Officer (in Table No.13) EX-P10(A- Certified copy of Form No-17C issued
27) by the Assistant Returning Officer (in Table No.14) Result of counting at Round No.3 EX-P10(A- Certified copy of Form No-17C issued
28) by the Assistant Returning Officer (in Table No.1) EX-P10(A- Certified copy of Form No-17C issued
29) by the Assistant Returning Officer (in Table No.2) EX-P10(A- Certified copy of Form No-17C issued
30) by the Assistant Returning Officer (in Table No.3) EX-P10(A- Certified copy of Form No-17C issued
31) by the Assistant Returning Officer (in Table No.4) EX-P10(A- Certified copy of Form No-17C issued
32) by the Assistant Returning Officer (in Table No.5) EX-P10(A- Certified copy of Form No-17C issued
33) by the Assistant Returning Officer (in Table No.6) EX-P10(A- Certified copy of Form No-17C issued
34) by the Assistant Returning Officer (in Table No.7) EX-P10(A- Certified copy of Form No-17C issued
35) by the Assistant Returning Officer (in Table No.8) E.P.No.10/2023 -48- EX-P10(A- Certified copy of Form No-17C issued
36) by the Assistant Returning Officer (in Table No.9) EX-P10(A- Certified copy of Form No-17C issued
37) by the Assistant Returning Officer (in Table No.10) EX-P10(A- Certified copy of Form No-17C issued
38) by the Assistant Returning Officer (in Table No.11) EX-P10(A- Certified copy of Form No-17C issued
39) by the Assistant Returning Officer (in Table No.12) EX- Certified copy of Form No-17C issued P10(A-40) by the Assistant Returning Officer (in Table No.13) EX-P10(A- Certified copy of Form No-17C issued
41) by the Assistant Returning Officer (in Table No.14) esult of counting at Round No.4 EX-P10(A-42) Certified copy of Form No-17C issued by the Assistant Returning Officer (in Table No.1) EX-P10(A-43) Certified copy of Form No-17C issued by the Assistant Returning Officer (in Table No.2) EX-P10(A-44) Certified copy of Form No-17C issued by the Assistant Returning Officer (in Table No.3) EX-P10(A-45) Certified copy of Form No-17C issued by the Assistant Returning Officer (in Table No.4) E.P.No.10/2023 -49- EX-P10(A- Certified copy of Form No-17C issued by the
46) Assistant Returning Officer (in Table No.5) EX-P10(A- Certified copy of Form No-17C issued by the
47) Assistant Returning Officer (in Table No.6) EX-P10(A- Certified copy of Form No-17C issued by the
48) Assistant Returning Officer (in Table No.7) EX-P10(A- Certified copy of Form No-17C issued by the
49) Assistant Returning Officer (in Table No.8) EX-P10(A- Certified copy of Form No-17C issued by the
50) Assistant Returning Officer (in Table No.9) EX-P10(A- Certified copy of Form No-17C issued by the
51) Assistant Returning Officer (in Table No.10) EX-P10(A- Certified copy of Form No-17C issued by the
52) Assistant Returning Officer (in Table No.11) EX- Certified copy of Form No-17C issued by the P10(A-53) Assistant Returning Officer (in Table No.12) EX- Certified copy of Form No-17C issued by the P10(A-54) Assistant Returning Officer (in Table No.13) EX- Certified copy of Form No-17C issued by the P10(A-55) Assistant Returning Officer (in Table No.14) E.P.No.10/2023 -50- Result of counting at Round No.5 EX- Certified copy of Form No-17C issued by P10(A-56) the Assistant Returning Officer (in Table No.1) EX- Certified copy of Form No-17C issued by P10(A-57) the Assistant Returning Officer (in Table No.2) EX- Certified copy of Form No-17C issued by P10(A-58) the Assistant Returning Officer (in Table No.3) EX- Certified copy of Form No-17C issued by P10(A-59) the Assistant Returning Officer (in Table No.4) EX- Certified copy of Form No-17C issued by P10(A-60) the Assistant Returning Officer (in Table No.5) EX- Certified copy of Form No-17C issued by P10(A-61) the Assistant Returning Officer (in Table No.6) EX- Certified copy of Form No-17C issued by P10(A-62) the Assistant Returning Officer (in Table No.7) EX- Certified copy of Form No-17C issued by P10(A-63) the Assistant Returning Officer (in Table No.8) EX- Certified copy of Form No-17C issued by P10(A-64) the Assistant Returning Officer (in Table No.9) EX- Certified copy of Form No-17C issued by P10(A-65) the Assistant Returning Officer (in Table No.10) E.P.No.10/2023 -51- EX- Certified copy of Form No-17C issued by P10(A-66) the Assistant Returning Officer (in Table No.11) EX- Certified copy of Form No-17C issued by P10(A-67) the Assistant Returning Officer (in Table No.12) EX- Certified copy of Form No-17C issued by P10(A-68) the Assistant Returning Officer (in Table No.13) EX- Certified copy of Form No-17C issued by P10(A-69) the Assistant Returning Officer (in Table No.14) Result of counting at Round No.6 EX- Certified copy of Form No-17C issued by P10(A-70) the Assistant Returning Officer (in Table No.1) EX- Certified copy of Form No-17C issued by P10(A-71) the Assistant Returning Officer (in Table No.2) EX- Certified copy of Form No-17C issued by P10(A-72) the Assistant Returning Officer (in Table No.3) EX- Certified copy of Form No-17C issued by P10(A-73) the Assistant Returning Officer (in Table No.4) EX- Certified copy of Form No-17C issued by P10(A-74) the Assistant Returning Officer (in Table No.5) EX- Certified copy of Form No-17C issued by P10(A-75) the Assistant Returning Officer (in Table No.6) E.P.No.10/2023 -52- EX-P10(A- Certified copy of Form No-17C issued by
76) the Assistant Returning Officer (in Table No.7) EX-P10(A- Certified copy of Form No-17C issued by
77) the Assistant Returning Officer (in Table No.8) EX-P10(A- Certified copy of Form No-17C issued by
78) the Assistant Returning Officer (in Table No.9) EX- Certified copy of Form No-17C issued by P10(A-79) the Assistant Returning Officer (in Table No.10) EX- Certified copy of Form No-17C issued by P10(A-80) the Assistant Returning Officer (in Table No.11) EX- Certified copy of Form No-17C issued by P10(A-81) the Assistant Returning Officer (in Table No.12) EX- Certified copy of Form No-17C issued by P10(A-82) the Assistant Returning Officer (in Table No.13) EX- Certified copy of Form No-17C issued by P10(A-83) the Assistant Returning Officer (in Table No.14) Result of counting at Round No.7 EX- Certified copy of Form No-17C issued by the P10(A-84) Assistant Returning Officer (in Table No.1) EX- Certified copy of Form No-17C issued by the P10(A-85) Assistant Returning Officer (in Table No.2) E.P.No.10/2023 -53- EX- Certified copy of Form No-17C issued by the P10(A-86) Assistant Returning Officer (in Table No.3) EX- Certified copy of Form No-17C issued by the P10(A-87) Assistant Returning Officer (in Table No.4) EX- Certified copy of Form No-17C issued by the P10(A-88) Assistant Returning Officer (in Table No.5) EX- Certified copy of Form No-17C issued by the P10(A-89) Assistant Returning Officer (in Table No.6) EX- Certified copy of Form No-17C issued by the P10(A-90) Assistant Returning Officer (in Table No.7) EX- Certified copy of Form No-17C issued by the P10(A-91) Assistant Returning Officer (in Table No.8) EX- Certified copy of Form No-17C issued by the P10(A-92) Assistant Returning Officer (in Table No.9) EX- Certified copy of Form No-17C issued by the P10(A-93) Assistant Returning Officer (in Table No.10) EX- Certified copy of Form No-17C issued by the P10(A-94) Assistant Returning Officer (in Table No.11) EX- Certified copy of Form No-17C issued by the P10(A-95) Assistant Returning Officer (in Table No.12) EX- Certified copy of Form No-17C issued by the P10(A-96) Assistant Returning Officer E.P.No.10/2023 -54- (in Table No.13) EX- Certified copy of Form No-17C issued by the P10(A-97) Assistant Returning Officer (in Table No.14) Result of counting at Round No.8 EX- Certified copy of Form No-17C issued by the P10(A-98) Assistant Returning Officer (in Table No.1) EX- Certified copy of Form No-17C issued by the P10(A-99) Assistant Returning Officer (in Table No.2) EX- Certified copy of Form No-17C issued by the P10(A- Assistant Returning Officer
100) (in Table No.3) EX- Certified copy of Form No-17C issued by the P10(A- Assistant Returning Officer
101) (in Table No.4) EX- Certified copy of Form No-17C issued by the P10(A- Assistant Returning Officer
102) (in Table No.5) EX- Certified copy of Form No-17C issued by the P10(A- Assistant Returning Officer
103) (in Table No.6) EX- Certified copy of Form No-17C issued by the P10(A- Assistant Returning Officer
104) (in Table No.7) EX- Certified copy of Form No-17C issued by the P10(A- Assistant Returning Officer
105) (in Table No.8) E.P.No.10/2023 -55- EX- Certified copy of Form No-17C issued by the P10(A- Assistant Returning Officer
106) (in Table No.9) EX- Certified copy of Form No-17C issued by the P10(A- Assistant Returning Officer
107) (in Table No.10) EX- Certified copy of Form No-17C issued by the P10(A- Assistant Returning Officer
108) (in Table No.11) EX- Certified copy of Form No-17C issued by the P10(A- Assistant Returning Officer
109) (in Table No.12) EX- Certified copy of Form No-17C issued by the P10(A- Assistant Returning Officer
110) (in Table No.13) EX- Certified copy of Form No-17C issued by the P10(A- Assistant Returning Officer
111) (in Table No.14) Result of counting at Round No.9 EX- Certified copy of Form No-17C issued by the P10(A- Assistant Returning Officer
112) (in Table No.1) EX- Certified copy of Form No-17C issued by the P10(A- Assistant Returning Officer
113) (in Table No.2) EX- Certified copy of Form No-17C issued by the P10(A- Assistant Returning Officer
114) (in Table No.3) EX- Certified copy of Form No-17C issued by the P10(A- Assistant Returning Officer
115) (in Table No.4) E.P.No.10/2023 -56- EX- Certified copy of Form No-17C issued by the P10(A- Assistant Returning Officer
116) (in Table No.5) EX- Certified copy of Form No-17C issued by the P10(A- Assistant Returning Officer
117) (in Table No.6) EX- Certified copy of Form No-17C issued by the P10(A- Assistant Returning Officer
118) (in Table No.7) EX- Certified copy of Form No-17C issued by the P10(A- Assistant Returning Officer
119) (in Table No.8) EX- Certified copy of Form No-17C issued by the P10(A- Assistant Returning Officer
120) (in Table No.9) EX- Certified copy of Form No-17C issued by the P10(A- Assistant Returning Officer
121) (in Table No.10) EX- Certified copy of Form No-17C issued by the P10(A- Assistant Returning Officer
122) (in Table No.11) EX- Certified copy of Form No-17C issued by the P10(A- Assistant Returning Officer
123) (in Table No.12) EX-P10(A- Certified copy of Form No-17C issued by the
124) Assistant Returning Officer (in Table No.13) EX-P10(A- Certified copy of Form No-17C issued by the
125) Assistant Returning Officer (in Table No.14) E.P.No.10/2023 -57- Result of counting at Round No.10 EX- Certified copy of Form No-17C issued by P10(A-126) the Assistant Returning Officer (in Table No.1) EX- Certified copy of Form No-17C issued by P10(A-127) the Assistant Returning Officer (in Table No.2) EX- Certified copy of Form No-17C issued by P10(A-128) the Assistant Returning Officer (in Table No.3) EX- Certified copy of Form No-17C issued by P10(A-129) the Assistant Returning Officer (in Table No.4) EX- Certified copy of Form No-17C issued by P10(A-130) the Assistant Returning Officer (in Table No.5) EX- Certified copy of Form No-17C issued by P10(A-131) the Assistant Returning Officer (in Table No.6) EX- Certified copy of Form No-17C issued by P10(A-132) the Assistant Returning Officer (in Table No.7) EX- Certified copy of Form No-17C issued by P10(A-133) the Assistant Returning Officer (in Table No.8) EX- Certified copy of Form No-17C issued by P10(A-134) the Assistant Returning Officer (in Table No.9) EX- Certified copy of Form No-17C issued by P10(A-135) the Assistant Returning Officer (in Table No.10) E.P.No.10/2023 -58- EX- Certified copy of Form No-17C issued by P10(A-136) the Assistant Returning Officer (in Table No.11) EX- Certified copy of Form No-17C issued by P10(A-137) the Assistant Returning Officer (in Table No.12) EX- Certified copy of Form No-17C issued by P10(A-138) the Assistant Returning Officer (in Table No.13) EX- Certified copy of Form No-17C issued by P10(A-139) the Assistant Returning Officer (in Table No.14) Result of counting at Round No.11 EX- Certified copy of Form No-17C issued by P10(A-140) the Assistant Returning Officer (in Table No.1) EX- Certified copy of Form No-17C issued by P10(A-141) the Assistant Returning Officer (in Table No.2) EX- Certified copy of Form No-17C issued by P10(A-142) the Assistant Returning Officer (in Table No.3) EX- Certified copy of Form No-17C issued by P10(A-143) the Assistant Returning Officer (in Table No.4) EX- Certified copy of Form No-17C issued by P10(A-144) the Assistant Returning Officer (in Table No.5) EX- Certified copy of Form No-17C issued by P10(A-145) the Assistant Returning Officer (in Table No.6) E.P.No.10/2023 -59- EX- Certified copy of Form No-17C issued by P10(A-146) the Assistant Returning Officer (in Table No.7) EX- Certified copy of Form No-17C issued by P10(A-147) the Assistant Returning Officer (in Table No.8) EX- Certified copy of Form No-17C issued by P10(A-148) the Assistant Returning Officer (in Table No.9) EX- Certified copy of Form No-17C issued by P10(A-149) the Assistant Returning Officer (in Table No.10) EX- Certified copy of Form No-17C issued by P10(A-150) the Assistant Returning Officer (in Table No.11) EX- Certified copy of Form No-17C issued by P10(A-151) the Assistant Returning Officer (in Table No.12) EX- Certified copy of Form No-17C issued by P10(A-152) the Assistant Returning Officer (in Table No.13) EX- Certified copy of Form No-17C issued by P10(A-153) the Assistant Returning Officer (in Table No.14) Result of counting at Round No.12 EX- Certified copy of Form No-17C issued by P10(A-154) the Assistant Returning Officer (in Table No.1) EX- Certified copy of Form No-17C issued by P10(A-155) the Assistant Returning Officer (in Table No.2) E.P.No.10/2023 -60- EX- Certified copy of Form No-17C issued by P10(A-156) the Assistant Returning Officer (in Table No.3) EX- Certified copy of Form No-17C issued by P10(A-157) the Assistant Returning Officer (in Table No.4) EX- Certified copy of Form No-17C issued by P10(A-158) the Assistant Returning Officer (in Table No.5) EX- Certified copy of Form No-17C issued by P10(A-159) the Assistant Returning Officer (in Table No.6) EX- Certified copy of Form No-17C issued by P10(A-160) the Assistant Returning Officer (in Table No.7) EX- Certified copy of Form No-17C issued by P10(A-161) the Assistant Returning Officer (in Table No.8) EX- Certified copy of Form No-17C issued by P10(A-162) the Assistant Returning Officer (in Table No.9) EX- Certified copy of Form No-17C issued by P10(A-163) the Assistant Returning Officer (in Table No.10) EX- Certified copy of Form No-17C issued by P10(A-164) the Assistant Returning Officer (in Table No.11) EX- Certified copy of Form No-17C issued by P10(A-165) the Assistant Returning Officer (in Table No.12) E.P.No.10/2023 -61- EX- Certified copy of Form No-17C issued by P10(A-166) the Assistant Returning Officer (in Table No.13) EX- Certified copy of Form No-17C issued by P10(A-167) the Assistant Returning Officer (in Table No.14) Result of counting at Round No.13 EX- Certified copy of Form No-17C issued by P10(A-168) the Assistant Returning Officer (in Table No.1) EX- Certified copy of Form No-17C issued by P10(A-169) the Assistant Returning Officer (in Table No.2) EX- Certified copy of Form No-17C issued by P10(A-170) the Assistant Returning Officer (in Table No.3) EX- Certified copy of Form No-17C issued by P10(A-171) the Assistant Returning Officer (in Table No.4) EX- Certified copy of Form No-17C issued by P10(A-172) the Assistant Returning Officer (in Table No.5) EX- Certified copy of Form No-17C issued by P10(A-173) the Assistant Returning Officer (in Table No.6) EX- Certified copy of Form No-17C issued by P10(A-174) the Assistant Returning Officer (in Table No.7) E.P.No.10/2023 -62- EX- Certified copy of Form No-17C issued by P10(A-175) the Assistant Returning Officer (in Table No.8) EX- Certified copy of Form No-17C issued by P10(A-176) the Assistant Returning Officer (in Table No.9) EX- Certified copy of Form No-17C issued by P10(A-177) the Assistant Returning Officer (in Table No.10) EX- Certified copy of Form No-17C issued by P10(A-178) the Assistant Returning Officer (in Table No.11) EX- Certified copy of Form No-17C issued by P10(A-179) the Assistant Returning Officer (in Table No.12) EX- Certified copy of Form No-17C issued by P10(A-180) the Assistant Returning Officer (in Table No.13) EX- Certified copy of Form No-17C issued by P10(A-181) the Assistant Returning Officer (in Table No.14) Result of counting at Round No.14 EX- Certified copy of Form No-17C issued by the P10(A-182) Assistant Returning Officer (in Table No.1) EX- Certified copy of Form No-17C issued by the P10(A-183) Assistant Returning Officer (in Table No.2) E.P.No.10/2023 -63- EX- Certified copy of Form No-17C issued by the P10(A-184) Assistant Returning Officer (in Table No.3) EX- Certified copy of Form No-17C issued by the P10(A-185) Assistant Returning Officer (in Table No.4) EX- Certified copy of Form No-17C issued by the P10(A-186) Assistant Returning Officer (in Table No.5) EX- Certified copy of Form No-17C issued by the P10(A-187) Assistant Returning Officer (in Table No.6) EX- Certified copy of Form No-17C issued by the P10(A-188) Assistant Returning Officer (in Table No.7) EX- Certified copy of Form No-17C issued by the P10(A-189) Assistant Returning Officer (in Table No.8) EX- Certified copy of Form No-17C issued by the P10(A-190) Assistant Returning Officer (in Table No.9) EX- Certified copy of Form No-17C issued by the P10(A-191) Assistant Returning Officer (in Table No.10) EX- Certified copy of Form No-17C issued by the P10(A-192) Assistant Returning Officer (in Table No.11) EX- Certified copy of Form No-17C issued by the P10(A-193) Assistant Returning Officer (in Table No.12) EX- Certified copy of Form No-17C issued by the P10(A-194) Assistant Returning Officer (in Table No.13) E.P.No.10/2023 -64- EX- Certified copy of Form No-17C issued by the P10(A-195) Assistant Returning Officer (in Table No.14) Result of counting at Round No.15 EX- Certified copy of Form No-17C issued by P10(A-196) the Assistant Returning Officer (in Table No.1) EX- Certified copy of Form No-17C issued by P10(A-197) the Assistant Returning Officer (in Table No.2) EX- Certified copy of Form No-17C issued by P10(A-198) the Assistant Returning Officer (in Table No.3) EX- Certified copy of Form No-17C issued by P10(A-199) the Assistant Returning Officer (in Table No.4) EX- Certified copy of Form No-17C issued by P10(A-200) the Assistant Returning Officer (in Table No.5) EX- Certified copy of Form No-17C issued by P10(A-201) the Assistant Returning Officer (in Table No.6) EX- Certified copy of Form No-17C issued by P10(A-202) the Assistant Returning Officer (in Table No.7) EX- Certified copy of Form No-17C issued by P10(A-203) the Assistant Returning Officer (in Table No.8) E.P.No.10/2023 -65- EX- Certified copy of Form No-17C issued by P10(A-204) the Assistant Returning Officer (in Table No.9) EX- Certified copy of Form No-17C issued by P10(A-205) the Assistant Returning Officer (in Table No.10) EX- Certified copy of Form No-17C issued by P10(A-206) the Assistant Returning Officer (in Table No.11) EX- Certified copy of Form No-17C issued by P10(A-207) the Assistant Returning Officer (in Table No.12) EX- Certified copy of Form No-17C issued by P10(A-208) the Assistant Returning Officer (in Table No.13) EX- Certified copy of Form No-17C issued by P10(A-209) the Assistant Returning Officer (in Table No.14) Result of counting at Round No.16 EX- Certified copy of Form No-17C issued by P10(A-210) the Assistant Returning Officer (in Table No.1) EX- Certified copy of Form No-17C issued by P10(A-211) the Assistant Returning Officer (in Table No.2) EX- Certified copy of Form No-17C issued by P10(A-212) the Assistant Returning Officer (in Table No.3) E.P.No.10/2023 -66- EX- Certified copy of Form No-17C issued by P10(A-213) the Assistant Returning Officer (in Table No.4) EX- Certified copy of Form No-17C issued by P10(A-214) the Assistant Returning Officer (in Table No.5) EX- Certified copy of Form No-17C issued by P10(A-215) the Assistant Returning Officer (in Table No.6) EX- Certified copy of Form No-17C issued by P10(A-216) the Assistant Returning Officer (in Table No.7) EX- Certified copy of Form No-17C issued by P10(A-217) the Assistant Returning Officer (in Table No.8) EX- Certified copy of Form No-17C issued by P10(A-218) the Assistant Returning Officer (in Table No.9) EX- Certified copy of Form No-17C issued by P10(A-219) the Assistant Returning Officer (in Table No.10) EX- Certified copy of Form No-17C issued by P10(A-220) the Assistant Returning Officer (in Table No.11) EX- Certified copy of Form No-17C issued by P10(A-221) the Assistant Returning Officer (in Table No.12) EX- Certified copy of Form No-17C issued by P10(A-222) the Assistant Returning Officer (in Table No.13) E.P.No.10/2023 -67- EX- Certified copy of Form No-17C issued by P10(A-223) the Assistant Returning Officer (in Table No.14) Result of counting at Round No.17 EX- Certified copy of Form No-17C issued by P10(A-224) the Assistant Returning Officer (in Table No.1) EX- Certified copy of Form No-17C issued by P10(A-225) the Assistant Returning Officer (in Table No.2) EX- Certified copy of Form No-17C issued by P10(A-226) the Assistant Returning Officer (in Table No.3) EX- Certified copy of Form No-17C issued by P10(A-227) the Assistant Returning Officer (in Table No.4) EX- Certified copy of Form No-17C issued by P10(A-228) the Assistant Returning Officer (in Table No.5) EX- Certified copy of Form No-17C issued by P10(A-229) the Assistant Returning Officer (in Table No.6) EX- Certified copy of Form No-17C issued by P10(A-230) the Assistant Returning Officer (in Table No.7) EX- Certified copy of Form No-17C issued by P10(A-231) the Assistant Returning Officer (in Table No.8) E.P.No.10/2023 -68- EX- Certified copy of Form No-17C issued by P10(A-232) the Assistant Returning Officer (in Table No.9) EX- Certified copy of Form No-17C issued by P10(A-233) the Assistant Returning Officer (in Table No.10) EX- Certified copy of Form No-17C issued by P10(A-234) the Assistant Returning Officer (in Table No.11) EX- Certified copy of Form No-17C issued by P10(A-235) the Assistant Returning Officer (in Table No.12) EX- Certified copy of Form No-17C issued by P10(A-236) the Assistant Returning Officer (in Table No.13) EX- Certified copy of Form No-17C issued by P10(A-237) the Assistant Returning Officer (in Table No.14) Result of counting at Round No.18 EX- Certified copy of Form No-17C issued by P10(A-238) the Assistant Returning Officer (in Table No.1) EX- Certified copy of Form No-17C issued by P10(A-239) the Assistant Returning Officer (in Table No.2) EX- Certified copy of Form No-17C issued by P10(A-240) the Assistant Returning Officer (in Table No.3) EX- Certified copy of Form No-17C issued by P10(A-241) the Assistant Returning Officer (in Table No.4) E.P.No.10/2023 -69- EX- Certified copy of Form No-17C issued by P10(A-242) the Assistant Returning Officer (in Table No.5) EX- Certified copy of Form No-17C issued by P10(A-243) the Assistant Returning Officer (in Table No.6) EX- Certified copy of Form No-17C issued by P10(A-244) the Assistant Returning Officer (in Table No.7) EX- Certified copy of Form No-17C issued by P10(A-245) the Assistant Returning Officer (in Table No.8) EX- Certified copy of Form No-17C issued by P10(A-246) the Assistant Returning Officer (in Table No.9) EX- Certified copy of Form No-17C issued by P10(A-247) the Assistant Returning Officer (in Table No.10) EX- Certified copy of Form No-17C issued by P10(A-248) the Assistant Returning Officer (in Table No.11) EX- Certified copy of Form No-17C issued by P10(A-249) the Assistant Returning Officer (in Table No.12) EX- Certified copy of Form No-17C issued by P10(A-250) the Assistant Returning Officer (in Table No.13) EX- Certified copy of Form No-17C issued by P10(A-251) the Assistant Returning Officer (in Table No.14) EX-P11 Copy of which is a tabular form prepared by petitioner showing the form 17(c) without the signatures of petitioner's E.P.No.10/2023 -70- agents EX-P12 Copy of E-mail sent by petitioner to the Election Commission of India on 13-05-
2023 at 10.03 pm (petitioner's E-mail id is [email protected]) EX-P12(a) Certificate under Section 65-B of the Indian Evidence Act 1872 in regard to EX-P12 EX-P13 Copy e-mail reply received by petitioner's from the Election Commission of India on 14-05-2023 at 11.06 am EX-P13(a) Certificate under Section 65-B of the Indian Evidence Act 1872 in regard to EX-P13 EX-P14 Copy of e-mail reply received by petitioner from the Karnataka State Election Commission on 15-05-2023 at 12-09 pm EX-P14(a) Certificate under Section 65-B of the Indian Evidence Act 1872 in regard to EX-P14 EX-P15 Certified copy of Annexure for Tabulating Trends/Results of round no.1 issued by the Assistant Returning Officer EX- Certified copy of Annexure for Tabulating P15(A-1) Trends/Results of round no.2 issued by the Assistant Returning Officer EX- Certified copy of Annexure for Tabulating P15(A-2) Trends/Results of round no.3 issued by the Assistant Returning Officer E.P.No.10/2023 -71- EX- Certified copy of Annexure for Tabulating P15(A-3) Trends/Results of round no.4 issued by the Assistant Returning Officer EX- Certified copy of Annexure for Tabulating P15(A-4) Trends/Results of round no.5 issued by the Assistant Returning Officer EX- Certified copy of Annexure for Tabulating P15(A-5) Trends/Results of round no.6 issued by the Assistant Returning Officer EX- Certified copy of Annexure for Tabulating P15(A-6) Trends/Results of round no.7 issued by the Assistant Returning Officer EX- Certified copy of Annexure for Tabulating P15(A-7) Trends/Results of round no.8 issued by the Assistant Returning Officer EX- Certified copy of Annexure for Tabulating P15(A-8) Trends/Results of round no.9 issued by the Assistant Returning Officer EX- Certified copy of Annexure for Tabulating P15(A-9) Trends/Results of round no.10 issued by the Assistant Returning Officer EX- Certified copy of Annexure for Tabulating P15(A-10) Trends/Results of round no.11 issued by the Assistant Returning Officer EX- Certified copy of Annexure for Tabulating P15(A-11) Trends/Results of round no.12 issued by the Assistant Returning Officer EX- Certified copy of Annexure for Tabulating P15(A-12) Trends/Results of round no.13 issued by the Assistant Returning Officer EX- Certified copy of Annexure for Tabulating P15(A-13) Trends/Results of round no.14 issued by the Assistant Returning Officer E.P.No.10/2023 -72- EX- Certified copy of Annexure for Tabulating P15(A-14) Trends/Results of round no.15 issued by the Assistant Returning Officer EX- Certified copy of Annexure for Tabulating P15(A-15) Trends/Results of round no.16 issued by the Assistant Returning Officer EX- Certified copy of Annexure for Tabulating P15(A-16) Trends/Results of round no.17 issued by the Assistant Returning Officer EX- Certified copy of Annexure for Tabulating P15(A-17) Trends/Results of round no.18 issued by the Assistant Returning Officer EX- Certified copy of Round Declaration Form P15(A-18) issued by Assistant Returning Officer of Round No.1 EX- Certified copy of Round Declaration Form P15(A-19) issued by Assistant Returning Officer of Round No.2 EX- Certified copy of Round Declaration Form P15(A-20) issued by Assistant Returning Officer of Round No.3 EX- Certified copy of Round Declaration Form P15(A-21) issued by Assistant Returning Officer of Round No.4 EX- Certified copy of Round Declaration Form P15(A-22) issued by Assistant Returning Officer of Round No.5 EX- Certified copy of Round Declaration Form P15(A-23) issued by Assistant Returning Officer of Round No.6 EX- Certified copy of Round Declaration Form P15(A-24) issued by Assistant Returning Officer of Round No.7 E.P.No.10/2023 -73- EX- Certified copy of Round Declaration Form P15(A-25) issued by Assistant Returning Officer of Round No.8 EX- Certified copy of Round Declaration Form P15(A-26) issued by Assistant Returning Officer of Round No.9 EX- Certified copy of Round Declaration Form P15(A-27) issued by Assistant Returning Officer of Round No.10 EX- Certified copy of Round Declaration Form P15(A-28) issued by Assistant Returning Officer of Round No.11 EX- Certified copy of Round Declaration Form P15(A-29) issued by Assistant Returning Officer of Round No.12 EX- Certified copy of Round Declaration Form P15(A-30) issued by Assistant Returning Officer of Round No.13 EX- Certified copy of Round Declaration Form P15(A-31) issued by Assistant Returning Officer of Round No.14 EX- Certified copy of Round Declaration Form P15(A-32) issued by Assistant Returning Officer of Round No.15 EX- Certified copy of Round Declaration Form P15(A-33) issued by Assistant Returning Officer of Round No.16 EX- Certified copy of Round Declaration Form P15(A-34) issued by Assistant Returning Officer of Round No.17 EX- Certified copy of Round Declaration Form P15(A-35) issued by Assistant Returning Officer of Round No.18 E.P.No.10/2023 -74- EX- Copy of Postal Ballot Declaration Form P15(A-36) issued by the Assistant Returning Officer EX-P16 Copy of order dated 13-05-2023 passed by the Returning Officer on the application given by the petitioner for recounting EX-P16(a) Certificate under section 65B of the Indian Evidence Act 1872 in regard to Ex-P16 EX-P17 Copy of order dated 13-05-2023 again passed by the Returning Officer EX-P18 Certified copy of communication / reply issued by the Tahsildar Malur Taluk on 09-06-2023 rejecting petitioner's request for furnishing the recordings of the CCTV footage EX-P19 Certified copy of Final Result Sheet (Form No.20) EX-P20 Certified copy of Final Result Sheet In Form No.20 again issued by Assistant Returning Officer EX-P21 Certificate issued under rule 22 of the Election Petition Procedure Rules Karnataka (RO Bearing No. 1534 dated 21-06-2023) Ex-P22 Original copy of list of counting agents of the petitioner Ex-P23 Compact Disk having the recordings of counting of VVPAT paper slips Ex-P24 Copy of application dated 13.05.2023 given by petitioner, seeking for recounting to the returning officer E.P.No.10/2023 -75- (Malur Constituency) Ex-P25 Original copy order issued by the returning officer considering petitioner application for recounting dated 13.05.2023 Ex-P26 Letter dated 20.07.2024 issued by the Deputy Commissioner and District Magistrate, Kolar District to the Proprietor, M/s. Aikya Business Solution Private Limited, Bengaluru.
Ex-P27 Original copy of form No.20 (Final Result Sheet) Ex-P28 Original copy of Annexure-30 (report-2) which is the mandatory verification of paper slips of VVPAT of 05 (five) randomly selected polling stations. Ex-P29 Original copy of postal ballot declaration form Ex- Original copy of Election Index card P29(A-1) Ex- Original copy of result of printed paper P29(A-2) counts(VVPAT slips) Ex- Original copy of Form 17C, Part-II result P29(A-3) of counting (pertaining to 18th round) Ex- Original copy of round declaration Form P29(A-4) (pertaining to 18th round) Ex- Original copy of annexure for tabulating P29(A-5) Trends/result (pertaining to 18th round) Ex- Original copy of Form 17C, Part-II result P29(A-6) of counting (pertaining to 17th round) E.P.No.10/2023 -76- Ex- Round declaration Form (pertaining to P29(A-7) 17th round) Ex- Annexure for tabulating (pertaining to P29(A-8) 17th round) Ex- Original copy of Form 17C, Part-II result P29(A-9) of counting (pertaining to 16th round) Ex- Round declaration Form (pertaining to P29(A-10) 16th round) Ex- Annexure for tabulating (pertaining to P29(A-11) 16th round) Ex- Original copy of Form 17C, Part-II result P29(A-12) of counting (pertaining to 15th round) Ex- Round declaration Form (pertaining to P29(A-13) 15th round) Ex- Annexure for tabulating (pertaining to P29(A-14) 15th round) Ex- Original copy of Form 17C, Part-II result P29(A-15) of counting (pertaining to 14th round) Ex- Round declaration Form (pertaining to P29(A-16) 14th round) Ex- Annexure for tabulating (pertaining to P29(A-17) 14th round) Ex- Original copy of Form 17C, Part-II result P29(A-18) of counting (pertaining to 13th round) Ex- Round declaration Form (pertaining to P29(A-19) 13th round) Ex- Annexure for tabulating (pertaining to P29(A-20) 13th round) Ex- Original copy of Form 17C, Part-II result P29(A-21) of counting (pertaining to 12th round) E.P.No.10/2023 -77- Ex- Round declaration Form (pertaining to P29(A-22) 12th round) Ex- Annexure for tabulating (pertaining to P29(A-23) 12th round) Ex- Original copy of Form 17C, Part-II result P29(A-24) of counting (pertaining to 11th round) Ex- Round declaration Form (pertaining to P29(A-25) 11th round) Ex- Annexure for tabulating (pertaining to P29(A-26) 11th round) Ex- Original copy of Form 17C, Part-II result P29(A-27) of counting (pertaining to 10th round) Ex- Round declaration Form (pertaining to P29(A-28) 10th round) Ex- Annexure for tabulating (pertaining to P29(A-29) 10th round) Ex- Original copy of Form 17C, Part-II result P29(A-30) of counting (pertaining to 9th round) Ex- Round declaration Form (pertaining to 9th P29(A-31) round) Ex- Annexure for tabulating (pertaining to 9th P29(A-32) round) Ex- Original copy of Form 17C, Part-II result P29(A-33) of counting (pertaining to 8th round) Ex- Round declaration Form (pertaining to 8th P29(A-34) round) Ex- Annexure for tabulating (pertaining to 8th P29(A-35) round) Ex- Original copy of Form 17C, Part-II result P29(A-36) of counting (pertaining to 7th round) E.P.No.10/2023 -78- Ex- Round declaration Form (pertaining to 7th P29(A-37) round) Ex- Annexure for tabulating (pertaining to 7th P29(A-38) round) Ex- Original copy of Form 17C, Part-II result P29(A-39) of counting (pertaining to 6th round) Ex- Round declaration Form (pertaining to 6th P29(A-40) round) Ex- Annexure for tabulating (pertaining to 6th P29(A-41) round) Ex- Original copy of Form 17C, Part-II result P29(A-42) of counting (pertaining to 5th round) Ex- Round declaration Form (pertaining to 5th P29(A-43) round) Ex- Annexure for tabulating (pertaining to 5th P29(A-44) round) Ex- Original copy of Form 17C, Part-II result P29(A-45) of counting (pertaining to 4th round) Ex- Round declaration Form (pertaining to 4th P29(A-46) round) Ex- Annexure for tabulating (pertaining to 4th P29(A-47) round) Ex- Original copy of Form 17C, Part-II result P29(A-48) of counting (pertaining to 3rd round) Ex- Round declaration Form (pertaining to 3rd P29(A-49) round) Ex- Annexure for tabulating (pertaining to 3rd P29(A-50) round) Ex- Original copy of Form 17C, Part-II result P29(A-51) of counting (pertaining to 2nd round) E.P.No.10/2023 -79- Ex- Round declaration Form (pertaining to P29(A-52) 2nd round) Ex- Annexure for tabulating (pertaining to P29(A-53) 2nd round) Ex- Original copy of Form 17C, Part-II result P29(A-54) of counting (pertaining to 1st round) Ex- Round declaration Form (pertaining to 1st P29(A-55) round) Ex- Annexure for tabulating (pertaining to 1st P29(A-56) round) Ex-P30 Carbon copy of Form 17C Part-II (in table No.1) Ex- Carbon copy of Form 17C Part-II P30(A-1) (in table No.2) Ex- Carbon copy of Form 17C Part-II P30(A-2) (in table No.3) Ex- Carbon copy of Form 17C Part-II P30(A-3) (in table No.4) Ex- Carbon copy of Form 17C Part-II P30(A-4) (in table No.5) Ex- Carbon copy of Form 17C Part-II P30(A-5) (in table No.6) Ex- Carbon copy of Form 17C Part-II P30(A-6) (in table No.9) Ex- Carbon copy of Form 17C Part-II P30(A-7) (in table No.10) Ex- Carbon copy of Form 17C Part-II P30(A-8) (in table No.11) Ex- Carbon copy of Form 17C Part-II P30(A-9) (in table No.12) E.P.No.10/2023 -80- Ex- Carbon copy of Form 17C Part-II P30(A-10) (in table No.13) Ex- Carbon copy of Form 17C Part-II P30(A-11) (in table No.14) Ex- Carbon copy of Form 17C Part-II P30(A-12) (in table No.2) Ex- Carbon copy of Form 17C Part-II P30(A-13) (in table No.3) Ex- Carbon copy of Form 17C Part-II P30(A-14) (in table No.4) Ex- Carbon copy of Form 17C Part-II P30(A-15) (in table No.5) Ex- Carbon copy of Form 17C Part-II P30(A-16) (in table No.6) Ex- Carbon copy of Form 17C Part-II P30(A-17) (in table No.8) Ex- Carbon copy of Form 17C Part-II P30(A-18) (in table No.9) Ex- Carbon copy of Form 17C Part-II P30(A-19) (in table No.10) Ex- Carbon copy of Form 17C Part-II P30(A-20) (in table No.11) Ex- Carbon copy of Form 17C Part-II P30(A-21) (in table No.12) Ex- Carbon copy of Form 17C Part-II P30(A-22) (in table No.13) Ex- Carbon copy of Form 17C Part-II P30(A-23) (in table No.14) Ex- Carbon copy of Form 17C Part-II P30(A-24) (in table No.2) E.P.No.10/2023 -81- Ex- Carbon copy of Form 17C Part-II P30(A-25) (in table No.3) Ex- Carbon copy of Form 17C Part-II P30(A-26) (in table No.4) Ex- Carbon copy of Form 17C Part-II P30(A-27) (in table No.6) Ex- Carbon copy of Form 17C Part-II P30(A-28) (in table No.8) Ex- Carbon copy of Form 17C Part-II P30(A-29) (in table No.9) Ex- Carbon copy of Form 17C Part-II P30(A-30) (in table No.10) Ex- Carbon copy of Form 17C Part-II P30(A-31) (in table No.11) Ex- Carbon copy of Form 17C Part-II P30(A-32) (in table No.12) Ex- Carbon copy of Form 17C Part-II P30(A-33) (in table No.13) Ex- Carbon copy of Form 17C Part-II P30(A-34) (in table No.14) Ex- Carbon copy of Form 17C Part-II P30(A-35) (in table No.2) Ex- Carbon copy of Form 17C Part-II P30(A-36) (in table No.3) Ex- Carbon copy of Form 17C Part-II P30(A-37) (in table No.4) Ex- Carbon copy of Form 17C Part-II P30(A-38) (in table No.6) Ex- Carbon copy of Form 17C Part-II P30(A-39) (in table No.8) E.P.No.10/2023 -82- Ex- Carbon copy of Form 17C Part-II P30(A-40) (in table No.9) Ex- Carbon copy of Form 17C Part-II P30(A-41) (in table No.10) Ex- Carbon copy of Form 17C Part-II P30(A-42) (in table No.11) Ex- Carbon copy of Form 17C Part-II P30(A-43) (in table No.12) Ex- Carbon copy of Form 17C Part-II P30(A-44) (in table No.13) Ex- Carbon copy of Form 17C Part-II P30(A-45) (in table No.14) Ex- Carbon copy of Form 17C Part-II P30(A-46) (in table No.2) Ex- Carbon copy of Form 17C Part-II P30(A-47) (in table No.3) Ex- Carbon copy of Form 17C Part-II P30(A-48) (in table No.4) Ex- Carbon copy of Form 17C Part-II P30(A-49) (in table No.6) Ex- Carbon copy of Form 17C Part-II P30(A-50) (in table No.8) Ex- Carbon copy of Form 17C Part-II P30(A-51) (in table No.9) Ex- Carbon copy of Form 17C Part-II P30(A-52) (in table No.10) Ex- Carbon copy of Form 17C Part-II P30(A-53) (in table No.11) Ex- Carbon copy of Form 17C Part-II P30(A-54) (in table No.12) E.P.No.10/2023 -83- Ex- Carbon copy of Form 17C Part-II P30(A-55) (in table No.13) Ex- Carbon copy of Form 17C Part-II P30(A-56) (in table No.14) Ex- Carbon copy of Form 17C Part-II P30(A-57) (in table No.2) Ex- Carbon copy of Form 17C Part-II P30(A-58) (in table No.3) Ex- Carbon copy of Form 17C Part-II P30(A-59) (in table No.4) Ex- Carbon copy of Form 17C Part-II P30(A-60) (in table No.6) Ex- Carbon copy of Form 17C Part-II P30(A-61) (in table No.8) Ex- Carbon copy of Form 17C Part-II P30(A-62) (in table No.9) Ex- Carbon copy of Form 17C Part-II P30(A-63) (in table No.10) Ex- Carbon copy of Form 17C Part-II P30(A-64) (in table No.11) Ex- Carbon copy of Form 17C Part-II P30(A-65) (in table No.12) Ex- Carbon copy of Form 17C Part-II P30(A-66) (in table No.13) Ex- Carbon copy of Form 17C Part-II P30(A-67) (in table No.14) Ex- Carbon copy of Form 17C Part-II P30(A-68) (in table No.2) Ex- Carbon copy of Form 17C Part-II P30(A-69) (in table No.3) E.P.No.10/2023 -84- Ex- Carbon copy of Form 17C Part-II P30(A-70) (in table No.4) Ex- Carbon copy of Form 17C Part-II P30(A-71) (in table No.6) Ex- Carbon copy of Form 17C Part-II P30(A-72) (in table No.8) Ex- Carbon copy of Form 17C Part-II P30(A-73) (in table No.9) Ex- Carbon copy of Form 17C Part-II P30(A-74) (in table No.10) Ex- Carbon copy of Form 17C Part-II P30(A-75) (in table No.11) Ex- Carbon copy of Form 17C Part-II P30(A-76) (in table No.12) Ex- Carbon copy of Form 17C Part-II P30(A-77) (in table No.13) Ex- Carbon copy of Form 17C Part-II P30(A-78) (in table No.14) Ex- Carbon copy of Form 17C Part-II P30(A-79) (in table No.2) Ex- Carbon copy of Form 17C Part-II P30(A-80) (in table No.3) Ex- Carbon copy of Form 17C Part-II P30(A-81) (in table No.4) Ex- Carbon copy of Form 17C Part-II P30(A-82) (in table No.6) Ex- Carbon copy of Form 17C Part-II P30(A-83) (in table No.8) Ex- Carbon copy of Form 17C Part-II P30(A-84) (in table No.9) E.P.No.10/2023 -85- Ex- Carbon copy of Form 17C Part-II P30(A-85) (in table No.10) Ex- Carbon copy of Form 17C Part-II P30(A-86) (in table No.11) Ex- Carbon copy of Form 17C Part-II P30(A-87) (in table No.12) Ex- Carbon copy of Form 17C Part-II P30(A-88) (in table No.13) Ex- Carbon copy of Form 17C Part-II P30(A-89) (in table No.14) Ex- Carbon copy of Form 17C Part-II P30(A-90) (in table No.2) Ex- Carbon copy of Form 17C Part-II P30(A-91) (in table No.3) Ex- Carbon copy of Form 17C Part-II P30(A-92) (in table No.4) Ex- Carbon copy of Form 17C Part-II P30(A-93) (in table No.6) Ex- Carbon copy of Form 17C Part-II P30(A-94) (in table No.8) Ex- Carbon copy of Form 17C Part-II P30(A-95) (in table No.9) Ex- Carbon copy of Form 17C Part-II P30(A-96) (in table No.10) Ex- Carbon copy of Form 17C Part-II P30(A-97) (in table No.11) Ex- Carbon copy of Form 17C Part-II P30(A-98) (in table No.12) Ex- Carbon copy of Form 17C Part-II P30(A-99) (in table No.13) E.P.No.10/2023 -86- Ex- Carbon copy of Form 17C Part-II P30(A-100) (in table No.14) Ex-P30(A-101) Carbon copy of Form 17C Part-II (in table No.2) Ex- Carbon copy of Form 17C Part-II P30(A-102) (in table No.3) Ex- Carbon copy of Form 17C Part-II P30(A-103) (in table No.4) Ex- Carbon copy of Form 17C Part-II P30(A-104) (in table No.6) Ex- Carbon copy of Form 17C Part-II P30(A-105) (in table No.8) Ex- Carbon copy of Form 17C Part-II P30(A-106) (in table No.9) Ex- Carbon copy of Form 17C Part-II P30(A-107) (in table No.10) Ex- Carbon copy of Form 17C Part-II P30(A-108) (in table No.11) Ex- Carbon copy of Form 17C Part-II P30(A-109) (in table No.12) Ex- Carbon copy of Form 17C Part-II P30(A-110) (in table No.13) Ex- Carbon copy of Form 17C Part-II P30(A-111) (in table No.14) Ex- Carbon copy of Form 17C Part-II P30(A-112) (in table No.2) Ex- Carbon copy of Form 17C Part-II P30(A-113) (in table No.3) Ex- Carbon copy of Form 17C Part-II P30(A-114) (in table No.4) E.P.No.10/2023 -87- Ex- Carbon copy of Form 17C Part-II P30(A-115) (in table No.6) Ex- Carbon copy of Form 17C Part-II P30(A-116) (in table No.8) Ex- Carbon copy of Form 17C Part-II P30(A-117) (in table No.9) Ex- Carbon copy of Form 17C Part-II P30(A-118) (in table No.10) Ex- Carbon copy of Form 17C Part-II P30(A-119) (in table No.11) Ex- Carbon copy of Form 17C Part-II P30(A-120) (in table No.12) Ex- Carbon copy of Form 17C Part-II P30(A-121) (in table No.13) Ex- Carbon copy of Form 17C Part-II P30(A-122) (in table No.14) Ex- Carbon copy of Form 17C Part-II P30(A-123) (in table No.2) Ex- Carbon copy of Form 17C Part-II P30(A-124) (in table No.3) Ex- Carbon copy of Form 17C Part-II P30(A-125) (in table No.4) Ex- Carbon copy of Form 17C Part-II P30(A-126) (in table No.6) Ex- Carbon copy of Form 17C Part-II P30(A-127) (in table No.8) Ex- Carbon copy of Form 17C Part-II P30(A-128) (in table No.9) Ex- Carbon copy of Form 17C Part-II P30(A-129) (in table No.10) E.P.No.10/2023 -88- Ex- Carbon copy of Form 17C Part-II P30(A-130) (in table No.11) Ex- Carbon copy of Form 17C Part-II P30(A-131) (in table No.12) Ex- Carbon copy of Form 17C Part-II P30(A-132) (in table No.13) Ex- Carbon copy of Form 17C Part-II P30(A-133) (in table No.14) Ex- Carbon copy of Form 17C Part-II P30(A-134) (in table No.2) Ex- Carbon copy of Form 17C Part-II P30(A-135) (in table No.3) Ex- Carbon copy of Form 17C Part-II P30(A-136) (in table No.6) Ex- Carbon copy of Form 17C Part-II 30(A-137) (in table No.8) Ex- Carbon copy of Form 17C Part-II P30(A-138) (in table No.9) Ex- Carbon copy of Form 17C Part-II P30(A-139) (in table No.10) Ex- Carbon copy of Form 17C Part-II P30(A-140) (in table No.11) Ex- Carbon copy of Form 17C Part-II P30(A-141) (in table No.12) Ex- Carbon copy of Form 17C Part-II P30(A-142) (in table No.13) Ex- Carbon copy of Form 17C Part-II P30(A-143) (in table No.14) Ex- Carbon copy of Form 17C Part-II P30(A-144) (in table No.2) E.P.No.10/2023 -89- Ex- Carbon copy of Form 17C Part-II P30(A-145) (in table No.3) Ex- Carbon copy of Form 17C Part-II P30(A-146) (in table No.4) Ex- Carbon copy of Form 17C Part-II P30(A-147) (in table No.6) Ex- Carbon copy of Form 17C Part-II P30(A-148) (in table No.8) Ex- Carbon copy of Form 17C Part-II P30(A-149) (in table No.9) Ex- Carbon copy of Form 17C Part-II P30(A-150) (in table No.10) Ex- Carbon copy of Form 17C Part-II P30(A-151) (in table No.11) Ex- Carbon copy of Form 17C Part-II P30(A-152) (in table No.12) Ex- Carbon copy of Form 17C Part-II P30(A-153) (in table No.13) Ex- Carbon copy of Form 17C Part-II P30(A-154) (in table No.14) Ex- Carbon copy of Form 17C Part-II P30(A-155) (in table No.2) Ex- Carbon copy of Form 17C Part-II P30(A-156) (in table No.3) Ex- Carbon copy of Form 17C Part-II P30(A-157) (in table No.4) Ex- Carbon copy of Form 17C Part-II P30(A-158) (in table No.6) Ex- Carbon copy of Form 17C Part-II P30(A-159) (in table No.8) E.P.No.10/2023 -90- Ex- Carbon copy of Form 17C Part-II P30(A-160) (in table No.9) Ex- Carbon copy of Form 17C Part-II P30(A-161) (in table No.10) Ex- Carbon copy of Form 17C Part-II P30(A-162) (in table No.11) Ex- Carbon copy of Form 17C Part-II P30(A-163) (in table No.12) Ex- Carbon copy of Form 17C Part-II P30(A-164) (in table No.13) Ex- Carbon copy of Form 17C Part-II P30(A-165) (in table No.14) Ex- Carbon copy of Form 17C Part-II P30(A-166) (in table No.2) Ex- Carbon copy of Form 17C Part-II P30(A-167) (in table No.3) Ex- Carbon copy of Form 17C Part-II P30(A-168) (in table No.4) Ex- Carbon copy of Form 17C Part-II P30(A-169) (in table No.6) Ex- Carbon copy of Form 17C Part-II P30(A-170) (in table No.8) Ex- Carbon copy of Form 17C Part-II P30(A-171) (in table No.9) Ex- Carbon copy of Form 17C Part-II P30(A-172) (in table No.10) Ex- Carbon copy of Form 17C Part-II P30(A-173) (in table No.11) E.P.No.10/2023 -91- Ex- Carbon copy of Form 17C Part-II P30(A-174) (in table No.12) Ex- Carbon copy of Form 17C Part-II P30(A-175) (in table No.13) Ex- Carbon copy of Form 17C Part-II P30(A-176) (in table No.14) Ex- Carbon copy of Form 17C Part-II P30(A-177) (in table No.2) Ex- Carbon copy of Form 17C Part-II P30(A-178) (in table No.3) Ex- Carbon copy of Form 17C Part-II P30(A-179) (in table No.4) Ex- Carbon copy of Form 17C Part-II P30(A-180) (in table No.6) Ex- Carbon copy of Form 17C Part-II P30(A-181) (in table No.8) Ex- Carbon copy of Form 17C Part-II P30(A-182) (in table No.9) Ex- Carbon copy of Form 17C Part-II P30(A-183) (in table No.10) Ex- Carbon copy of Form 17C Part-II P30(A-184) (in table No.11) Ex- Carbon copy of Form 17C Part-II P30(A-185) (in table No.12) Ex- Carbon copy of Form 17C Part-II P30(A-186) (in table No.13) E.P.No.10/2023 -92- Ex- Carbon copy of Form 17C Part-II P30(A-187) (in table No.14) Ex- Carbon copy of Form 17C Part-II P30(A-188) (in table No.2) Ex- Carbon copy of Form 17C Part-II P30(A-189) (in table No.3) Ex- Carbon copy of Form 17C Part-II P30(A-190) (in table No.4) Ex- Carbon copy of Form 17C Part-II P30(A-191) (in table No.6) Ex- Carbon copy of Form 17C Part-II P30(A-192) (in table No.8) Ex- Carbon copy of Form 17C Part-II P30(A-193) (in table No.9) Ex- Carbon copy of Form 17C Part-II P30(A-194) (in table No.10) Ex- Carbon copy of Form 17C Part-II P30(A-195) (in table No.11) Ex- Carbon copy of Form 17C Part-II P30(A-196) (in table No.12) Ex- Carbon copy of Form 17C Part-II P30(A-197) (in table No.13) Ex- Carbon copy of Form 17C Part-II P30(A-198) (in table No.14) EX-P31 Compact Disks said to contain the video recordings of VVPAT slip counting (Compact Disks - I) E.P.No.10/2023 -93- EX-P32 Compact Disks said to contain the video recordings of VVPAT slip counting (Compact Disks - II) EX-P33 Compact Disks said to contain the video recordings of VVPAT slip counting (Compact Disks - II) Ex-P34 Document No.10 filed alongwith the affidavit dated 24.09.2024 EX-P35 Document No.12 filed alongwith the affidavit dated 24.09.2024 LIST OF WITNESSES EXAMINED ON BEHALF OF THE RESPONDENTS RW.1 : K Y NANJE GOWDA LIST OF EXHIBITS MARKED ON BEHALF OF THE RESPONDENTS
- NIL -
Sd/-
(R. DEVDAS) JUDGE DL/KLY/JT CT: JL