G VENKANNA Vs. M C KULKARNI

JUDGEMENT

(1.) in this revision petition, the petitioner has called in question the legality and correctness of the order passed by the civil judge, hospet on the preliminary issues Nos. 5 and 6 in misc. No. 33 of 1987.

(2.) the facts that are necessary for the disposal of this petition are as follows:-in the election held on 2-1-1987 to the office of the zilla parisnad, hagaribommanahalli constituency, under the karaataka zilla parishads, taluk panchayat samithis, mandal panchayats and nyaya panchayats Act, 1983 (the 'act' for short), the petitioner herein was declared elected. In other words, while the petitioner was elected, respondent 1 lost the election. Having been aggrieved, respondent 1 presented an election petition before the learned civil judge, hospet, in accordance with the Provisions of the act. It is not in dispute that a copy of the election petition so filed in the court was served upon the petitioner. 2. At this stage, an objection was taken by the petitioner that the petition copy served on him was not signed by respondent 1; therefore, the election petition was not maintainable.

(3.) on the basis of the pleadings, issues were framed. Amongst them, issues Nos. 5 and 6 were tried as preliminary issues. They are as follows:- (5) whether the 1st respondent proves that the petitioner has not complied with the Provisions of sections 14(3) and 16 of the Karnataka zilla parishad and taluk panchayat samithis, mandal panchayats and nyaya panchayats Act, 1983? (6) if so, is the petition maintainable?