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


                          -1-

    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


                         -4-

   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


                              -5-

      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

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

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?

(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.

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

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

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

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.

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

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

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

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

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

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.

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

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,

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

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

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

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

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

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

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

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

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;

(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

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

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

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,

(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

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

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

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

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

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

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.

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

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

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

(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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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

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

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

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

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

(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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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