LEELA Vs. PUSHPAM

JUDGEMENT

(1.) ALL these revision petitions are filed against interim orders passed in election petitions filed under S. 87ofthekeralapanchayatraj act, 1994. Short question to be considered in this order is whether a revision application will lie under S. 115 of the Code of Civil Procedure against a non-appealable order passed by a Munsiffs Court in an election petition filed under S. 87 of the Kerala Panchayat Raj Act.

(2.) IT is contended that S. 115 of the Code of Civil procedure empowers that the High Court to call for the records of any case which has been decided by any court subordinate to such High Court. Since election petitions are decided by the Munsiffs Court which is subordinate to the High Court the revision application under S. 115 C. P. C. will lie as against an interim order against which no appeal is provided. True scope of S. 115 of the Code of Civil procedure is explained by Supreme Court in Major S. S. Khanna v. Brig. F. J. Dillon (AIR 1964 SC 497), IT was held that the word 'case' used in S. 115 will include not only suits but any proceeding in a civil court.

(3.) THIS view is seriously opposed by the respondents. It is contended that even though election petitions under S. 87 of the Act are filed in the Munsiffs Court, it is only a election Tribunal. Article 243-O of the constitution bar interference by courts in electoral matters in the Panchayat. Art. 243-O is as follows: 243-0. Bar to interference by Courts in electoral matters. - "notwithstanding anything in this Constitution, - (a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under Art. 243k shall not be called in question in any court (b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a state". The State Legislature has passed the Act and nominated munsiffs Court as the authority where election petition should be filed. Therefore, -while disposing of the election petition Munsiffs Court is not functioning as a Court but only as an election Tribunal or authority. It is contended that the orders passed in the interim applications before such authority cannot be questioned in revision under S. 115 C. P. C. Even though the term 'court' mentioned various sections, it only refers to an election Tribunal and it is not a Court as contemplated under S. 115 of the C. P. C.