JAYAVANI Vs. P GEETHA

JUDGEMENT

(1.) Petitioner being the 3rd respondent in E.P.No.1/2019, is knocking at the doors of writ court for assailing the order dated 18.12.2019, a copy whereof is at Annexure-G, whereby the application in I.A.No.2 filed by the respondent-Election Petitioner under Section 24 of the Karnataka Municipalities Act, 1964 r/w Section 151 of CPC, 1908, having been favoured, the learned Sr. Civil Judge, Hiriyur, has stayed the declaration dated 31.05.2019 which he has emerged as the returned candidate, in the subject municipal election.

(2.) After service of notice, the respondents having entered appearance through their counsel, resist the Writ Petition making submission in justification of the impugned order and the reasons on which it is founded.

(3.) Having heard the learned counsel for the parties and having perused the Petition Papers, this court is inclined to grant relief to the petitioner inasmuch as there is no provision in the said Act, which empowers the Election Court to grant any interim relief, much less the one granted vide impugned order.