SMT. MERUGU KOUSALYA Vs. THADAKAMALLA HIMABINDUN

JUDGEMENT

(1.) In this Civil Revision Petition, under Article 227 of the Constitution of India, by the 1st respondent in the OP/unsuccessful petitioner, the challenge is to the order, dated 29.12.2016, of the learned Senior Civil Judge, at Nalgonda, passed in I.A. No.1343 of 2015 in O.P. No.53 of 2014.

(2.) I have herd the submissions of Sri K. Srinivas, learned counsel appearing for the petitioner, and of Sri P.S.P. Suresh Kumar, learned counsel appearing for the 1st respondent. The respondents 2 to 7 are stated to be not necessary parties. I have perused the material record.

(3.) The facts, which are necessary to be stated as a preface to this order, in brief, are as follows: The 1st respondent herein/election petitioner (hereinafter, 'election petitioner') brought the OP under Rule 1 of A.P. Municipalities (Decision of Election Disputes) Rules, 1967, against the revision petitioner/1st respondent in the OP (hereinafter, '1st respondent') and others seeking a decree to declare the election of the 1st respondent/revision petitioner to the post of 7th ward councillor of Nalgonda Municipality as void and set aside her election by declaring it as void; and, award costs. The 1st respondent having entered appearance failed to file her counter. Therefore, she was set ex parte, on 22.08.2014. Thereafter, she filed the afore-stated I.A.1343 of 2015 under Order 9 Rule 7 of the Civil Procedure Code, 1908 ('the Code') requesting to set aside the ex parte order, dated 22.08.2014. The said petition was resisted by the election petitioner. On merits and by the orders impugned in this revision, the trial Court/Tribunal refused to set aside the ex parte order and dismissed the petition of the 1st respondent. Therefore, the 1st respondent in the election OP is before this Court.