Case Note & Summary
The appellant, Shri Nataraju, was declared elected as a member of Hosakere Grama Panchayat in Gubbi Taluk, Tumkur District. The first respondent, Shri A.N. Ajaykumar, filed an election petition under the Karnataka Grama Swaraj and Panchayat Raj Act, 1993, challenging the election on the ground that the counting of votes was not properly conducted. The Election Tribunal, i.e., the learned Principal Senior Civil Judge and JMFC, Gubbi, allowed the election petition vide order dated 16.09.2022 in Election Petition No.1/2021, setting aside the election of the appellant. Aggrieved, the appellant filed a writ petition before the High Court of Karnataka, which was dismissed by the learned Single Judge on 17.07.2023. The appellant then filed the present intra-court writ appeal under Section 4 of the Karnataka High Court Act. The Division Bench heard the matter and considered the submissions of the learned counsel for the appellant, who argued that the Election Tribunal's findings were erroneous and that the learned Single Judge ought to have interfered. However, the Division Bench found that the Election Tribunal had recorded findings of fact based on the evidence on record, and those findings were not perverse. The court held that under Article 226 of the Constitution of India, the High Court does not act as an appellate court over findings of fact unless they are perverse or based on no evidence. Since the appellant failed to demonstrate any perversity, the writ appeal was dismissed. The court also noted that the appeal was dismissed at the preliminary hearing stage itself.
Headnote
A) Election Law - Grama Panchayat Election - Vote Counting Irregularities - Karnataka Grama Swaraj and Panchayat Raj Act, 1993 - The Election Tribunal allowed the election petition and set aside the election of the appellant on the ground that the counting of votes was not properly done. The appellant challenged this before the learned Single Judge, who dismissed the writ petition. The Division Bench upheld the dismissal, holding that the findings of the Election Tribunal were findings of fact and not perverse, and therefore not liable to be interfered with under Article 226 of the Constitution of India. (Paras 1-3)
B) Constitutional Law - Writ Jurisdiction - Interference with Findings of Fact - Article 226 of the Constitution of India - The court reiterated that under Article 226, the High Court does not sit as an appellate authority over findings of fact recorded by a quasi-judicial tribunal unless the findings are perverse or based on no evidence. In the present case, the Election Tribunal's findings on vote counting irregularities were based on evidence and were not shown to be perverse, hence no interference was warranted. (Paras 2-3)
Issue of Consideration
Whether the learned Single Judge erred in dismissing the writ petition challenging the Election Tribunal's order setting aside the election of the appellant on grounds of improper counting of votes.
Final Decision
The writ appeal is dismissed. The order of the learned Single Judge dated 17.07.2023 in WP No.21679/2022 is upheld. No order as to costs.
Law Points
- Election petition
- Grama Panchayat
- vote counting irregularities
- findings of fact
- writ jurisdiction
- Article 226
- Karnataka Grama Swaraj and Panchayat Raj Act
- 1993
- Section 4 of the Karnataka High Court Act
Case Details
WA No. 964 of 2023 (LB-ELE)
Prasanna B. Varale, Chief Justice, Krishna S Dixit, Justice
Sri. M R Rajagopal (Senior Advocate) a/w Sri. H N Basavaraju (Advocate) for appellant; Sri. V B Siddaramaiah (Advocate) for caveator/respondent 1
Shri. A. N. Ajaykumar, The Election Officer Hosakere Grama Panchayath, Shri. B. K Mahesh, Shri. Jagadeesh
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Nature of Litigation
Intra-court writ appeal against dismissal of writ petition challenging Election Tribunal's order setting aside election of appellant to Grama Panchayat.
Remedy Sought
Appellant sought to set aside the learned Single Judge's order dated 17.07.2023 in WP No.21679/2022 and restore the Election Tribunal's order dated 16.09.2022 in Election Petition No.1/2021.
Filing Reason
Appellant's election as member of Hosakere Grama Panchayat was set aside by the Election Tribunal on grounds of improper counting of votes, which was upheld by the learned Single Judge.
Previous Decisions
Election Tribunal (Prl. Sr. Civil Judge, Gubbi) allowed Election Petition No.1/2021 on 16.09.2022, setting aside appellant's election. Learned Single Judge dismissed WP No.21679/2022 on 17.07.2023.
Issues
Whether the learned Single Judge erred in dismissing the writ petition challenging the Election Tribunal's order setting aside the election of the appellant on grounds of improper counting of votes.
Whether the findings of fact recorded by the Election Tribunal were perverse and liable to be interfered with under Article 226 of the Constitution of India.
Submissions/Arguments
Appellant argued that the Election Tribunal's findings were erroneous and the learned Single Judge ought to have interfered.
Respondent supported the orders of the Election Tribunal and the learned Single Judge.
Ratio Decidendi
Under Article 226 of the Constitution of India, the High Court does not sit as an appellate authority over findings of fact recorded by a quasi-judicial tribunal unless the findings are perverse or based on no evidence. In the present case, the Election Tribunal's findings on vote counting irregularities were based on evidence and were not shown to be perverse, hence no interference was warranted.
Judgment Excerpts
Having heard the learned counsel for the parties and perused the petition papers, we are not inclined to entertain this appeal.
The Election Tribunal has recorded findings of fact based on the evidence on record. Those findings are not shown to be perverse.
Under Article 226 of the Constitution of India, the High Court does not sit as an appellate authority over findings of fact recorded by a quasi-judicial tribunal unless the findings are perverse or based on no evidence.
Procedural History
Election Petition No.1/2021 was filed by respondent 1 before the Prl. Sr. Civil Judge, Gubbi, challenging the election of the appellant. The Election Tribunal allowed the petition on 16.09.2022, setting aside the election. The appellant filed WP No.21679/2022 before the High Court of Karnataka, which was dismissed by the learned Single Judge on 17.07.2023. The appellant then filed the present intra-court writ appeal under Section 4 of the Karnataka High Court Act, which was dismissed on 20.09.2023.
Acts & Sections
- Karnataka High Court Act: Section 4
- Constitution of India: Article 226
- Karnataka Grama Swaraj and Panchayat Raj Act, 1993:
