RAVIKUMARA KANCHANAHALLI Vs. RAMANAGARA DISTRICT ELECTION OFFICER AND THE DEPUTY COMMISSIONER AND ORS.

JUDGEMENT

(1.) The petitioner has challenged the order dated 31.8.2016 passed by the II Addl. District and Sessions Judge, Ramanagara, sitting at Kanakapura, in E.P.No.5002/2016 whereby the interlocutory application filed by the respondent No.3 under Order VII Rule XI(a) of the Code of Civil Procedure read with the provisions Karnataka Grama Swaraj Panchayat Raj Act, 1993 are allowed, consequently dismissing the election petition.

(2.) The petitioner claiming to be a voter/RTI activist has filed the Election Petition No.5002/2016 seeking a declaration to the election of the 3rd respondent as member to the Sathanur Zilla Panchayat, Ramanagara District, is null and void. Subsequent to filing of the election petition, Sri. Kabbalegowda was impleaded as respondent No.4. During the pendency of the said proceedings, the respondent No.3 has filed an application under Order VII Rule XI(a) r/w Section 151 of CPC seeking to reject the writ petition on the ground that the petitioner had not paid the security deposit of Rs.2,000/- as required under the Karnataka Gram Swaraj and Panchayath Raj Act, 1993 ('Act' for short) and has not complied with the provisions of Section 15(3) of the Act.

(3.) The petitioner contested the said application. On considering the arguments advanced by both the parties, the learned District Judge has allowed the application and consequently dismissed the election petition. Hence, the present writ petition.