MALATESH Vs. MAQBOOL AHMAD

JUDGEMENT

(1.) THE petitioner who is an elected candidate in the Taluk Savanur Panchayat election held on 6-6-00 has questioned the order of the learned Civil Judge (Sr. Dn.) Haveli, declining to reject the election petition filed by the respondent No. 1 in this petn. under S. 115, CPC. The respondent No. 1 has raised the preliminary objection regarding maintainability of this revision petition filed under Section 115, CPC in view of S. 132 (2) of the Panchayath Raj Act, 1993, (for short "the Act" ).

(2.) I have heard Sri. F. V. Patil the learned counsel for the petitioner, Sri. H. B. Datar the learned Senior Counsel who was requested to intervene also ably assisted this Court in view of the important question involved in this case and also heard Sri. V. V. Gangadhar the learned counsel for the R-1 and the Government Advocate for R-2. The assistance rendered by Sri. H. B. Datar is placed on record.

(3.) THE main argument of the learned counsel for the respondent No. 1 is that provision is provided under the Act, and it shall be complied with strictly and no revision under S. 115, CPC is maintainable. In support of his argument he has drawn my attention to S. 132 of the Act which reads :