SRIDHARA KUMAR Vs. K RAMACHANDRAPPA

JUDGEMENT

(1.) The petitioner has questioned the correctness of the order made by the Election Tribunal i.e., the learned Munsiff, Davanagere in Election Misc. No. 65/87 rejecting the application filed by the petitioner to stay the proceedings pending on its file on the ground that the continuation of the proceedings in the election petition would seriously prejudice his defence in the pending criminal cases under the provisions of Sections 229, 337, 338 and 304A I.P.C. on the file of the Sessions Court of Chitradurga.

(2.) The petitioner was the 2nd respondent before the Election Tribunal. In his application before the Election Tribunal he has stated that the issues framed in the election petition would seriously prejudice his defence in that the Election Tribunal had framed issues touching his alleged conduct as to whether he and his supporters had formed themselves into an unlawful assembly and whether this fact prevented the members from cas ing their votes in accordance with their conscience ; and whether the entire election proceedings are vitiated 'by the criminal acts done by respondents 2 to 4 and their supporters.' So, these two issues indicate that the Election Tribunal will have go into question whether the petitioner and other respondents before the Election Tribunal had formed themselves into an unlawful assembly and whether they had committed certain other criminal acts and thereby vitiated the entire election proceedings.

(3.) The criminal acts attributed to the petitioner, as already noticed, come within the scope of certain offences allegedly committed under the relevant provisions of the Indian Penal Code. These alleged criminal acts are of a serious in nature and if the petitioner is convicted under any of the Sections of I.P.C. mentioned above, he is likely to be sentenced to imprisonment and that is the reason, the petitioner made an application before the Election Tribunal with a prayer to stay the proceedings till the cases pending against him before the learned Sessions Judge, Chitradurga are disposed of.