NATARAJU Vs. A. N. AJAYKUMAR

JUDGEMENT

(1.) This intra court appeal by the writ petitioner seeks to lay a challenge to a learned Single Judge's order dtd. 17/7/2023 whereby his W.P.No.21679/2022 (LB-ELE) came to be dismissed. The appellant in the said petition had called in question the judgment of the learned Prl. Sr. Civil Judge, Gubbi entered in Election Petition No.1/2021 which related to election to the Grama Panchayat. The said Election Petition was allowed and election was set at naught.

(2.) Having heard the learned counsel for the parties and having perused the appeal papers, we decline indulgence in the matter being in complete agreement with the reasoning of the learned Single Judge who at para 6 of the impugned order has observed as under:

(3.) The vehement submission of learned Sr. Advocate appearing for the appellant that even the recounting of the votes polled was defectively done and that would constitute an error apparent on the face of the record and therefore learned Single Judge is not justified in denying relief to his client, is bit difficult to countenance. The recounting exercise was participated by all the stake holders including the appellant herein who had not raised even a little finger as to arguable infirmity now vociferously canvassed before us. Had he pointed out any defect, the Election Tribunal itself would have addressed the same in accordance with law.