K N SUSHAMA Vs. MERCY ANTONY

JUDGEMENT

(1.) The question that has been referred for consideration of this Bench is whether Civil Revision Petitions are maintainable against orders passed by the appellate court in Election Petitions under the Kerala Panchayat Raj Act, 1994 and Kerala Municipalities Act, 1994. A learned Judge of this Court, in Saraswati v. Kamala, 1997 (1) KLT 855 , has taken the view that a revision petition under S.115 of the Code of Civil Procedure is maintainable from the decision of the District Court in an appeal filed under S.113 of the Kerala Panchayat Raj Act against an order passed by the Munsiff's Court in the Election Petition.

(2.) Learned counsel appearing on behalf of the revision petitioners, except in C.R.P. 2243/98 contended for the position that Civil Revision Petition is maintainable. Learned counsel for the petitioner in C.R.P. 2243/98 contended that the petitioner was compelled to file the revision petition only for the reason that the Original Petition filed by him as O.P. 7077/97 was dismissed by a learned Single Judge by judgment dated. 9.10.1998 holding that the Original Petition is not maintainable. It was pursuant thereto, he filed the revision petition. Learned counsel submits that still the revision petitioner would like to contend that the remedy is not under S.115 of the C.P.C., but an Original Petition under Art.226 & 227 of the Constitution. Learned counsel for the respondents in all other revision petitions, supported the above contention.

(3.) O.P. 7077/97 was dismissed by a learned Single Judge holding that the remedy is a revision petition and not Original Petition, after the common reference order was passed by another learned Single Judge in C.R.P. 619/98 and connected cases. But, in the above judgment, no reference is seen made to 1997 (1) KLT 855 supra or to the fact of a learned Single Judge having referred the matter for consideration by a Larger Bench. All revision petitions, except those which were referred under the common order dt. 14.7.1998 are referred to Larger Bench under separate orders, in view of the reference already made.