Indian Kanoon - Search engine for Indian Law

10. The co-ordinate Bench of this Court in the case of Ambanna Hanumappa Naik vs. Sharnappa and others reported in 1972 SCC Online Kar 232 equivalent citation AIR 1973 Mysuru 261 has observed thus;

26. Coming next to Para VIII of the petition, it relates to proxy votes cast on behalf of the living as well as dead persons. The places where such voting is alleged to have occurred have been mentioned. There is no reference whatsoever to the names of persons who voted and of those who were impersonated, whether dead or alive. There is also no allegation as to whether the result of the election has been materially affected on this account. In short, the allegations are of a highly vague and general character. It is, therefore, clear that the petitioner does not disclose a cause of action at all. Hence there is nothing which calls for an amendment. By the amendment for the first time it is sought to refer to a list of 38 persons who were said to have been impersonated. Again, even in the amendment there is no reference to the fact whether such voters in the list have been dead or alive. The true legal position in this regard can be gathered from the following observations of a Division Bench of this Court in H. Nagappa v. G. Venkategowda, (1964-2 Mys LJ 51). The enunciation in question occurs at page 57 of that report and reads thus: