GULABI POOJARTHI Vs. SHOBHA

JUDGEMENT

(1.) Heard both counsel. It has been laid down by this Court in H.V. Venkatesh v Election Officer, Tahsildar, Mulbagal Taluk, Kolar District and Others, that the decision of the Munsiff in an Election Petition is revisable by this Court under Section 115, CPC.

(2.) In this revision petition the petitioner in the lower Courthas challenged the order passed by the learned Munsiff, Belthangady on 4-1-1995 in Miscellaneous No. 4 of 1994 filed under Sections 15 and 20 of the Karnataka Panchayat Raj Act, 1993, setting aside the election of the revision petitioner and declaring the respondent as duly elected.

(3.) It is clear from the material on record that the revision petitioner had not filed objections to the election petition. The learned Munsiff proceeded to decide the election petition on merits even when the revision petitioner had not filed objections and contested the matter, though represented by a counsel.