N. SRINIVAS Vs. V. NARAYANASWAMY

JUDGEMENT

(1.) The order passed by the Election Tribunal/Senior Civil Judge, Chickballapur in E.Misc.No.9/2013 on IA.No.2 is called in question in this appeal.

(2.) Records reveal that the appellant herein was declared elected as Municipal Councilor of City Municipal Council, Chickballapur (Ward No.30). The election of the appellant is questioned by a voterrespondent No.1 herein in E.Misc.No.9/13 in the Court of Senior Civil Judge, Chikkaballapur. In the said Election Petition, application came to be filed by the 1st respondent herein under Order 39 Rules 1 and 2 of Code of Civil Procedure praying for an order of injunction restraining the appellant herein from casting his vote in the ensuing election of President and Vice President of City Municipal Council, Chickballapur. The election is scheduled to be held on 19.03.2014 at 1.00 p.m. The said application came to be allowed, after hearing both the parties, by the impugned order. Consequently, appellant is restrained from casting his vote in the ensuing election of President and Vice President of City Municipal Council, Chickballapur.

(3.) Sri.Nanjunda Reddy, learned senior advocate for the appellant submits that the impugned order is bad in law inasmuch as it does not assign any reason much less valid reason; that the Election representative cannot be restrained from performing his normal duties as elected member of the Municipal Council; consequently, appellant cannot be restrained from casting his vote also.