K.N. BYREGOWDA Vs. N. HARISH

JUDGEMENT

(1.) The petitioner, who is returning candidate, has filed the present writ petition against the order dated 11-1-2018 passed by the I Additional Civil Judge and Judicial Magistrate of First Class, Chikkaballapur in Election Petition No. 1 of 2015 allowing the interim application filed by the respondent under Order 13, Rule 10 read with Section 151 of Civil Procedure Code, 1908 for the payment of cost of Rs. 500/- directing to issue summons to the concerned Grama Panchayath of Kuppalli to produce the ballot box pertaining to the election for recounting the votes taken by the petitioner and respondent including the postal votes.

(2.) It is the case of the petitioner that he is an elected Member of Gram Panchayath of Kuppahalli Village, Nandi Hobli, Chickballapur Taluk. The respondent is the candidate who has lost the election to the petitioner by one vote. Aggrieved by the same, the respondent herein filed the election petition under Sections 15(1) and 19 of Karnataka Gram Swaraj and Panchayat Raj Act, 1993 read with Rule 74(ii)(c) of Karnataka Panchayat Raj (Conduct of Election) Rules, 1993. The present petitioner, who is the 1st respondent before the learned Civil Judge (Junior Division), Chickballapur filed objections resisting the election petition.

(3.) When the matter was posted for evidence, the petitioner filed an application under Order 13, Rule 10 read with Section 151 of CPC to summon ballot box pertaining to the Grama Panchayathi election of Kuppahalli Grama Panchayath for recounting the votes taken by the petitioner and respondents including the postal votes. The said application was resisted by the petitioner by filing objections contending that the Election Authority has rightly conducted the election and have not heard any single fault alleged by the petitioner/respondent herein. Inspite of the same, the petitioner/respondent herein has filed the election petition just to harass the returning candidate/petitioner and hence the election petition is not maintainable and liable to be dismissed.