RAGHAVENDRA RAJU CHALUVAGALI Vs. K. NARASIMHULU

JUDGEMENT

(1.) This appeal is filed challenging the order and decree dtd. 16/8/2023, passed by the Principal District Judge, Mahabubnagar, in I.A.No.1157 of 2022 in E.O.P.No.4 of 2020.

(2.) The facts of the case, in brief, are that the appellant herein filed Election Petition in E.O.P.No.4 of 2020 under Sec. 233 of the Telangana Municipality Act, 2019, to declare the election of the respondent No.1 as Ward Member (Municipal Councilor) from 2nd Ward of Mahabubnagar Municipality as void and set aside the same, and further declare him as returned candidate. The respondent No.1 has filed counter in the Election Petition stating that the appellant has not complied with the required procedure for filing the Election Petition and that the Election Petition is not maintainable on the said ground.

(3.) Pending adjudication of the Election Petition, the respondent No.1 filed I.A.No.1157 of 2022 under Order 7 Rule 11 (a)(d) CPC r/w Sec. 151 CPC and Rule 8(2) of the Telangana Municipalities (Electing Petitions) Rules, 2020 (for short, the Rules ), to reject and dismiss the Election Petition filed by the appellant.