IN THE COURT OF THE VACATION CITY CIVIL AND SESSIONS JUDGE AT BANGALORE

INTERLOCUTORY APPLICATION NO. _____ of 2013

In

ORIGINAL SUIT NO. OF 2013

BETWEEN:

1. Sri Abraham T.J.S/o Joseph T.A.Aged about 53 Years#2457, 16th "B" MainH.A.L 2nd StageIndiranagarBangalore-560 008State of Karnataka Plaintiff No.1

2. Sri Mohan RajS/o RamuAged MajorNo.49, 1st Main, 7th CrossB.Nagasandra, Yamalur PostBangalore – 560 037State of Karnataka Plaintiff No.2

3. Dr.S.M.GopalS/o Patel MuniyappaAged about 52 yearsSheshapur, Lakshmisagar PanchayatSrinivaspur TalukKolar District – 563127State of Karnataka Plaintiff No.3

4. Sri Jayarama H.VS/o Venkataiah H.KAged about 54 years#156, HottiganahosahalliChannapattanaRamanagaram – 571 501State of Karnataka Plaintiff No.4

5. Sri Nagesh T.S/o ThimmegowdaAged about 46 years#141/D, HottiganahosahalliChannapattanaRamanagaram – 571 501State of Karnataka Plaintiff No.5

6. Sri JayaramaiahS/o Late SanjeevaiahAged about 41 years#57, VirupasandraRamanagaram – 571 511State of Karnataka Plaintiff No.6

7. Sri RamakrishnappaS/o VenkatappaAged about 52 yearsNo.12, Subbaiah Garden LayoutHongasandraBangalore – 560 068State of Karnataka Plaintiff No.7

8. Sri Srinivasa B.VS/o Late VenkategowdaAged about 42 yearsNo. 256, 9th Main, Nagendra BlockBangalore – 560 085State of Karnataka. Plaintiff No.8

9. Sri S.SureshS/o S.SrinivasaiahAged about 43 yearsNo. 24-1-E, Basavanagudi RoadBangalore – 560 004State of Karnataka Plaintiff No.9

10. Sri Kumaraswamy M.C.S/o ChinnappaiahAged about 37 yearsNo. 208, 8th Main4th Stage BEML layoutRajarajeshwarinagarBangalore – 560 098State of Karnataka Plaintiff No.10

11. Sri Suhail BaigS/o Jabbar BaigAged about 47 yearsNo. 46, Millers 2nd Cross RoadBenson TownJayamahalBangalore – 560 046State of Karnataka Plaintiff No.11

12. Sri Srinivasa H.R.Late H.T.RamaiahAged about 49 yearsNo. 16/1, Jain Temple StreetV.V.PuramBangalore – 560 004

Plaintiff No.12

State of Karnataka

13. Sri S.RavichandranS/o ShivadanamAged about 36 yearsNo.365, Venkataswami Reddy LayoutB.NarayanapuraBangalore – 560 048State of Karnataka Plaintiff No.13

AND:

1. Bharatiya Janata PartyRepresented by its PresidentSri Rajanath SinghPresident at present as also during May, 2008Having its Central Head Office at#11 Ashoka RoadNew Delhi 110 001 Defendant No.1

2. Sri D.V.Sadananda GowdaPresident, during May, 2008Bharatiya Janata Party, Karnataka andFormer Chief Minister of Karnataka - Sworn in as the 20th Chief Minister(04-Aug-2011 to 12-Jul-2012)Having its Head office at:Jagannatha Bhavana#48, Temple Street, 11th CrossMalleshwaramBengaluru – 560 003State of Karnataka Defendant No.2

3. Sri Pralhad JoshiPresident,Bharatiya Janata Party, Karnataka Having its Head office at:Jagannatha Bhavana#48, Temple Street, 11th CrossMalleshwaramBengaluru – 560 003State of Karnataka Defendant No.3

4. Sri B.S.YediyurappaFormer Chief Minister of Karnataka – Sworn in as the 19th Chief Minister(30-May-2008 to 31-Jul-2011)Bharatiya Janata Party, KarnatakaHaving its Head office at:Jagannatha Bhavana

Defendant No.4

#48, Temple Street, 11th CrossMalleshwaramBengaluru – 560 003State of Karnataka

5. Sri Jagadish Shivappa ShettarChief Minister of Karnataka – Sworn in as the 21st Chief MinisterBharatiya Janata Party, KarnatakaHaving its Head office at:Jagannatha Bhavana#48, Temple Street, 11th CrossMalleshwaramBengaluru – 560 003State of Karnataka Defendant No.5

APPLICATION UNDER ORDER XXXIX RULES 1 & 2 R/W

SECTION 151 OF THE CODE OF CIVIL PROCEDURE,

1908.

1. The plaintiffs respectfully seek that the facts, averments,

contentions, pleadings, argument and every other narration

contained in the accompanying plaint may kindly be treated

as forming an integral part of this interlocutory application.

2. The plaintiffs respectfully submit that the evil of political

parties knowingly making false promises during election

time is a matter of grave concern to the voters of our

country. Further, the elections to the 14th Vidhana Sabha of

Karnataka are scheduled to be held on 05-May-2013 and

there is every likelihood of the BJP political party indulging

in the making of a fresh set of false election promises with a

view to induce the unsuspecting voters in the State to vote

for that party by reposing their faith upon such fraudulent

misrepresentation. Thereby, the trust reposed by the class

of public of which these plaintiffs are the representatives

would be gravely and irreversibly injured.

3. As such, it has become necessary to obtain an injunction

upon the BJP political party, in public interest, from

knowingly making false promises to the voters in respect of

the elections to the 14th Vidhana Sabha of Karnataka that

have been scheduled to be held on 05-May-2013.

PRAYER

Wherefore, under the facts and special circumstances

narrated above, this Hon’ble Court may graciously be

pleased to:

a) Pass an ex-parte, ad-interim Order of stay upon the

defendants by restraining them from knowingly

disseminating or administering false election promises

for the purpose of inducing the voters to the

forthcoming 14th Vidhana Sabha of Karnataka to

thereby vote for the candidates set up by the

defendant political party, BJP, in the interest of justice,

equity and good conscience;

b) Pass any other order or to issue any direction as may

be deemed expedient by this Hon’ble Court to be

desirable in the circumstances of this case, in the

interest of justice.

Bangalore

Date: 02-May-2013 Advocate for Plaintiffs