Case Note & Summary
The appellant, Shivappa Fakirappa Badavannavar, filed a writ appeal against an order dated 20.10.2014 passed by a learned Single Judge in W.P.No.102919/2014 and connected matters. The short question was whether examination-in-chief by way of affidavit should be permitted in an Election Petition arising out of the election of a Corporator/Councilor of a Municipal Corporation. The learned Single Judge had held that there is no bar for the court below to permit submission of affidavit instead of recording examination-in-chief. The appellant's counsel, Sri K.M. Nataraj, argued that the court below is not empowered to record evidence by permitting affidavits instead of examination-in-chief, relying on a judgment in Election Petition No.07/2008 decided on 12.01.2011. The High Court, after hearing, dismissed the appeal, affirming that the provisions of the Code of Civil Procedure, including Order XVIII Rule 4, apply to election petitions under the Karnataka Municipal Corporations Act, 1976, and thus examination-in-chief by affidavit is permissible.
Headnote
A) Election Law - Examination-in-Chief by Affidavit - Applicability of CPC to Election Petitions - Section 21(3) Karnataka Municipal Corporations Act, 1976 - The issue was whether the trial court can permit submission of affidavit instead of recording examination-in-chief in an election petition. The High Court held that there is no bar for the court below to permit submission of affidavit instead of recording examination-in-chief, as the provisions of CPC including Order XVIII Rule 4 apply to election petitions under the Act. (Paras 2-4)
Issue of Consideration
Whether examination-in-chief by way of affidavit shall be permitted in an Election Petition arising out of election of Corporator/Councilor of Municipal Corporation?
Final Decision
The appeal is dismissed. The order dated 20.10.2014 in W.P.No.102919/2014 and connected matters is confirmed.
Law Points
- Election Petition
- Examination-in-Chief by Affidavit
- Karnataka Municipal Corporations Act
- 1976
- Code of Civil Procedure
- 1908
- Order XVIII Rule 4 CPC
Case Details
2014 LawText (KAR) (12) 23
Writ Appeal No. 100945/2014 (LB-ELE)
Mohan M. Shantanagoudar, K.N. Phaneendra
K.M. Nataraj (Senior Counsel for J S Shetty), Prakash S Udikeri (for C/R1), C.S. Patil (AGA for R6)
Shivappa Fakirappa Badavannavar
Manjunath S/o Basappa Badakuri, Manjunath S/o Vishnu Vernekar, Parasuram S/o Laxman Mane, Basavaraj S/o Kareppa Chikkanavar, The Returning Officer, Ward No. 21, Hubli Dharwad Municipal Corporation, Election 2013, The State of Karnataka
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Nature of Litigation
Writ Appeal against order in Writ Petition concerning election petition procedure
Remedy Sought
Appellant sought setting aside of order dated 20.10.2014 in W.P.No.102919/2014
Filing Reason
Challenge to the order permitting examination-in-chief by affidavit in election petition
Previous Decisions
Learned Single Judge held that there is no bar for court below to permit submission of affidavit instead of recording examination-in-chief
Issues
Whether examination-in-chief by way of affidavit shall be permitted in an Election Petition arising out of election of Corporator/Councilor of Municipal Corporation?
Submissions/Arguments
Appellant argued that the court below is not empowered to record evidence by permitting affidavits instead of examination-in-chief, relying on a judgment in Election Petition No.07/2008.
Ratio Decidendi
The provisions of the Code of Civil Procedure, including Order XVIII Rule 4, apply to election petitions under the Karnataka Municipal Corporations Act, 1976, and therefore examination-in-chief by affidavit is permissible.
Judgment Excerpts
The short question to be decided in this appeal is as to whether examination-in-chief by way of affidavit shall be permitted, in the Election Petition arising out of election of Corporator/Councilor of Municipal Corporation ?
By the impugned order, the learned Single Judge has held that there is no bar for the Court below to permit the submission of affidavit instead of recording of examination-in-chief by the Court.
Procedural History
The appellant filed a writ petition (W.P.No.102919/2014) challenging an order of the trial court in an election petition. The learned Single Judge dismissed the writ petition on 20.10.2014, holding that examination-in-chief by affidavit is permissible. The appellant then filed this writ appeal under Section 4 of the Karnataka High Court Act.
Acts & Sections
- Karnataka High Court Act: Section 4
- Karnataka Municipal Corporations Act, 1976: Section 21(3)
- Code of Civil Procedure, 1908: Order XVIII Rule 4
