NAGANAGOWDA Vs. S HANMANTHAPPA

JUDGEMENT

(1.) In an election petition filed by the first respondent herein, challenging the election of the present revision petitioner, to the Zilla Parishad, an application - I.A.V. - was filed seeking amendment of the petition. The substance of the amendment was to state that "the 1st respondent (i.e., the revision petitioner), his agents and followers, by corrupt practice, have caused to vote in the name of others (impersonation) who were not in the village and moreover, one person cannot cast more than one vote which is not permissible". This was rejected by the trial court holding that, (i) in the original petition there was no ground regarding corrupt practice committed by the returned candidate; and the amendment, if allowed, would introduce a new cause; and (ii) afresh petition to set aside the election on this new ground will be time barred and therefore, the plea cannot be permitted to be raised, after the period prescribed for filing the election petition.

(2.) The first respondent filed an appeal, invoking Sec. 158(2) of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983, (an Act, which certainly requires a recognised short nomenclature for easy reference, referred hereafter as the Act, to the District Court. The appeal was allowed and the prayer for amendment of the petition was granted. It is unnecessary to examine other contentions of the petitioner. The main contention is that the appeal to the District Court under Sec. 158(2) of the Act was not maintainable. Sec. 158(2) reads as follows:-

(3.) The learned counsel for the petitioner contended that, the language of Sec. 158(2) allowing an appeal from "any decision or order", though looks wide, in reality, is restricted to such a decision or order, which substantially affects the right or liability of the parties; when the Election Petition stands not disposed of, it cannot be held that any right or liability of the parties is affected. On the final disposal of the Election Petition, any of the aggrieved party, while filing the appeal, may question the order disallowing the amendment of the petition. An order which affects only the procedural rights, is not a decision or order' subject to an appeal under Sec. 15 8 (2) of the Act.