KHADARSAB Vs. MUNASAB

JUDGEMENT

(1.) THE petitioner (respondent 2 in the Trial Court) has filed this revision petition against an order passed by the learned Munsiff and J. M. F. C. , Kundagol, in an election petition E. P. No. 1 of 1994. on I. A. No. I, filed by the respondents 1 and 2 (petitioners in the Trial Court) allowing the said application for amendment of the election petition impleading additional parties.

(2.) THE respondents 1 and 2 challenged the election of the petitioner as a successful candidate in the election held on 29-12-1993 for Betadur Grama Panchayat for Ward No. 2 on certain grounds and filed the election petition 1 of 1994. The revision petitioner-respondent 2 in his objections statement took up a plea amongst other grounds that the petitioners have not impleaded all the contesting candidates as respondents in the election petition as required under Section 15, clause (2) (a) of the karnataka Panchayat Raj Act, 1993 (hereinafterwards referred to as the Act'), and therefore the election petition is not maintainable. The petitioner (respondent 2 in the lower Court)also contended that the said question has to be heard as a preliminary point and decided. The matter was posted for hearing on that point. At that time the respondents 1 and 2 who were the petitioners in the election petition filed an application la. No. I praying for impleading the remaining contesting candidates as co-respondents. The petitioner objected to the application. After hearing the parties the learned Munsiff allowed the application LA. No. I by an order dated 6-2-1995. Being aggrieved by the said order the petitioner has filed this revision petition.

(3.) I have heard the learned Counsel for the parties. A perusal of the impugned order goes to show that the learned Munsiff accepted the contention of the petitioner that it was mandatory for the petitioners in the election petition to have impleaded all the contesting candidates. The reasoning of the learned Munsiff is that since the Civil Procedure Code empowers the Court to implead the parties the application has to be allowed. Taking that view the learned Munsiff has allowed the application.