Case Note & Summary
The petitioner, Smt. Manjula @ Manju, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. She sought a writ of certiorari to quash the order dated 06.01.2022 passed by the learned Senior Civil Judge and JMFC, T. Narasipura, Mysuru District in Election Petition No.1/2021. The election petition was filed by the petitioner challenging the election of the 6th respondent, Smt. Padma, as a member of Tumbala Grama Panchayat from Block-II Constituency (reserved) in the elections held on 30.12.2020. The Civil Judge dismissed the election petition as not maintainable. The petitioner argued that the election petition was maintainable and the Civil Judge erred in dismissing it. The respondents, including the State authorities and the 6th respondent, opposed the petition. The High Court examined the provisions of the Karnataka Panchayat Raj Act, 1993, particularly Section 15 which provides for election petitions. The Court held that the election petition under Section 15 is maintainable and the Civil Judge has jurisdiction to decide the same. The Court found no error in the impugned order and dismissed the writ petition, upholding the order of the Civil Judge.
Headnote
A) Election Law - Grama Panchayat Election - Maintainability of Election Petition - Section 15 of Karnataka Panchayat Raj Act, 1993 - The petitioner challenged the order of the Civil Judge dismissing the election petition as not maintainable. The High Court held that the election petition under Section 15 of the Karnataka Panchayat Raj Act, 1993 is maintainable and the Civil Judge has jurisdiction to decide the same. The Court found no error in the impugned order and dismissed the writ petition. (Paras 1-5)
Issue of Consideration
Whether the order dated 06.01.2022 passed by the Senior Civil Judge and JMFC, T. Narasipura in El.P.1/2021 is liable to be quashed on the ground that the election petition was not maintainable?
Final Decision
The High Court dismissed the writ petition, upholding the order dated 06.01.2022 passed by the Senior Civil Judge and JMFC, T. Narasipura in El.P.1/2021.
Law Points
- Election petition maintainability
- Jurisdiction of Civil Judge
- Karnataka Panchayat Raj Act
- 1993
- Section 15
- Writ of certiorari
- Articles 226 and 227 of Constitution of India
Case Details
2023 LawText (KAR) (10) 13
WP No. 17758 of 2022 (LB-RES)
Sri. Prasanna V R., Advocate for petitioner; Sri. Naveen Chandrashekar., AGA for R1-5; Sri. P. Nataraju., Advocate for R6
The Chief Secretary, Department of Rural Development and Panchayath Raj, Government of Karnataka, Bengaluru; The Commissioner, Karnataka State Election Commission, Bangalore; The Deputy Commissioner, Mysuru District; The Tahsildar, T Narasipura Taluk; The Returning Officer/Election Officer, Tumbala Grama Panchayath; Smt Padma
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging an order passed by the Senior Civil Judge and JMFC in an election petition.
Remedy Sought
The petitioner sought a writ of certiorari to quash the order dated 06.01.2022 in El.P.1/2021 passed by the Senior Civil Judge and JMFC, T. Narasipura, and also to quash the order dated 30.12.2020 declaring the 6th respondent as elected.
Filing Reason
The petitioner challenged the election of the 6th respondent as a member of Tumbala Grama Panchayat from Block-II Constituency (reserved) and the Civil Judge dismissed the election petition as not maintainable.
Previous Decisions
The Senior Civil Judge and JMFC, T. Narasipura passed an order dated 06.01.2022 in El.P.1/2021 dismissing the election petition as not maintainable.
Issues
Whether the election petition under Section 15 of the Karnataka Panchayat Raj Act, 1993 is maintainable before the Civil Judge?
Whether the impugned order dated 06.01.2022 passed by the Senior Civil Judge and JMFC is liable to be quashed?
Submissions/Arguments
The petitioner argued that the election petition was maintainable and the Civil Judge erred in dismissing it.
The respondents argued that the election petition was not maintainable and the Civil Judge correctly dismissed it.
Ratio Decidendi
The election petition under Section 15 of the Karnataka Panchayat Raj Act, 1993 is maintainable and the Civil Judge has jurisdiction to decide the same. The impugned order dismissing the election petition as not maintainable was found to be without error.
Judgment Excerpts
The petitioner is before this Court seeking for the following reliefs: i) Issue a Writ of certiorari, quashing the order dated 06.01.2022 in El.P.1/2021 passed by the learned Senior Civil Judge and JMFC., T. Narasipura, Mysuru District, vide Annexure-A, ii) Issue a writ of certiorari quashing the order dated 30.12.2020 issued by the 5th Respondent Officer, declaring that the selection of 6th Respondent unanimously as elected for the post of Member of Tumbala Grama Panchayath from Block-II Constituency reserved...
Procedural History
The petitioner filed an election petition (El.P.1/2021) before the Senior Civil Judge and JMFC, T. Narasipura challenging the election of the 6th respondent. The Civil Judge dismissed the election petition as not maintainable on 06.01.2022. Aggrieved, the petitioner filed the present writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka.
Acts & Sections
- Karnataka Panchayat Raj Act, 1993: Section 15
- Constitution of India: Articles 226, 227
