MALLESHEPPA Vs. REVANASIDDAPPA

JUDGEMENT

(1.) This writ petion is directed against the order dated 20th January 1979 passed by the Additional Munsiff and J.M.F.C., Bhadrayathi, in Election Misc.2 of 1979. The learned Munsiff has passed an order of temporary injunction, on I.A.I., restraining the petitioner from taking charge of the office of the Chairman of the Tanigere village Group Panchayat till the disposal of the main eviction petition. The first respondent herein, has challenge the election of the petitioner as a Chairman of the Tanigere village Panchayat before the Additional Munsiff, Bhadravathi. In the said election petition, he filed an application for temporary injunction restraining the petitioner from taking charge as the Chairman of the Tanigere Village Group Panchayat,

(2.) The contention of Shri K. Subba Rap, the learned Counsel appearing for the petitioner, is that the learned Munsiff has exceeded the jurisdiction in issuing the order of temporary injunction restraining the petitioner from functioning as Chairman of the Village Group Panchayat quashed. The fact that the election of the petitioner as the Chairman of Tanigere, therefore the order passed by the learned Munsiff is liable to be quashed. The fact that the election of the petitioner as the chairman of the village panchayat has been challenge and that there is a prima facie case in favour of the election petitioner, will not, in any way entitle the Court to grant an order of temporary injunction preventing the petitioner from assuming the office. This Court, in thq case of Patreppa Gurappa Sattigeri V. The President, Bailhongal, CRP. 113/62 dt.15-3-62. has held as follows:

(3.) It was contended on behalf of the first respondent that the Munsiff functioning under the Karnataka Village Panchayat and Local Boards Act, 1959 (hereinafter referred to as the Act) enjoys the powers of the Civil Court under Rule 18 of the Karnataka Village) Panchayats (Election of Chairman and Vice-Chairman) Rules, 1959 (hereinafter referred to as 'the Rules'). Rule 18 of the Rules, is as follows: -