RAM KUMAR JAIN Vs. RAMAKANTA GOUD

JUDGEMENT

(1.) In the present writ application, the petitioner Sri Ram Kumar Jain has sought to challenge an order dated 29-7-2009 passed by the learned District Judge,Kalahandi-Nuapada at Bhawanipatna in Election Petition No. 13 of 2008, rejecting the petitioner's application for preliminary hearing on the point of jurisdiction.

(2.) The case of the petitioner is that he was elected as Chaiperson to Kesinga NAC and the present election petitioner has sought to challenge the same by filing an election petition No. 13 of 2008 before the learned District Judge/Tribunal Kalahandi-Nuapada at Bhawanipatna. On receiving notice from the election Tribunal, the present petitioner filed a petition on 17-2-2009 praying for adjudicating the issue of maintainability as a preliminary issue on the plea that the election petition was not maintainable in law.

(3.) Learned counsel for the petitioner submitted that the election petition challenging the election of 'Chairperson' of a Municipal body by way of filing of an election petition before the District Judge/Tribunal is not permissible in law.