G RAMAPPA Vs. H MARANNA

JUDGEMENT

(1.) THIS is a respondent's revision filed being aggrieved by the order passed on I. A. No. VI in E. E. Misc. No. 1 of 2000 on the file of the Civil judge (Junior Division), Molakalmuru permitting to withdraw the election petition.

(2.) THE brief facts are as follows. The defeated candidate, namely, H. Maranna presented the election petition under Section 15 of the Karnataka Panchayat Raj Act, 1993 to declare the election of second respondent-G. Ramappa to the post of membership of Devarahalli Gram panchayat from Devareddihalli Constituency is void and to declare him a duly elected candidate. Respondents 1, 2 and 4 before the Trial Court have filed objection statement contending that the petition is not maintainable as the election petition is not duly attested by the petitioner and also contended that the grounds urged in the election petition are not sustainable. While the proceedings were pending, the defeated candidate Maranna filed I. A. No. VI under Order 23, Rule l (a) of the CPC praying permission to withdraw the election petition with liberty to file a fresh petition on the same cause of action.

(3.) LEARNED Civil Judge (Junior Division) allowed the petition by his order dated 23-3-2000 pertaining to the fresh petition. It is this order which is questioned by the returned candidate.