LAXMAPPA Vs. ELECTION OFFICER RANEBENNUR

JUDGEMENT

(1.) by this petition, the petitioner has prayed for issuance of a writ of certiorari or writ or direction in the nature of certiorari quashing the Order dated 29-7-1994, copy of which has been annexed as annexure-b to the writ petition. The petitioner has further prayed for quashing of all the proceedings in the election petition No. 1 of 1994, pending in the court of munsiff court.

(2.) the facts of the case in brief are that there had been election for the post of adhyaksha of karur gram panchayat and petitioner had been elected in that election. That respondent No. 3 filed election petition, as per allegations made in the writ petition, before the principal munsiff court, ranebennur and the same is pending now in the court of additional munsiff, ranebennur - respondent No. 4. Petitioner's case is that under Section 15 of the Karnataka panchayat raj Act, a dispute relating to election of member of panchayat can be challenged by way of election petition to be filed before the munsiff and by no other authority. The petitioner's case is that he had moved an application on 26-7-1994 questioning the maintainability of the election petition and he prayed that the question of maintainability of the election petition be decided as a preliminary issue. But the learned munsiff by his Order dated 29-7-1994 a copy of which is annexure-b, refused to decide the question of maintainability of the election petition as a preliminary issue, taking the view that the question involved in the writ petition to the effect that whether the present writ petitioner who is respondent in the election petition belongs to the scheduled caste community or not and the other question about maintainability of the petition, both can be considered and disposed off separately by one and the same Order and therefore, there is no need to record decision on preliminary issue first and thereafter proceed with that matter.

(3.) having felt aggrieved from the Order dated 29-7-1994, the petitioner has preferred this petition under Article 226 of the constitution of India, seeking the above reliefs.