Dismissed

Manikyappa S/O Dodda Narasappa v. Dastagiri and Ors.

Karnataka HC24 Jan 2023WP/200094/2023

Case brief

AI extract

What is this about?

Writ petition challenging the trial court's order rejecting an election petition filed under Order VII Rule 11(d) CPC and S. 151 of CPC. Petitioner sought quashing of the order disallowing rejection. High Court allowed the petition and dismissed the writ appeal, noting no infirmity in the trial court's view that the petition was not barred under law.

What did the court decide?

Writ petition dismissed; trial court order upholding rejection of election petition allowed; election petition allowed to proceed.

Manikyappa S/O Dodda Narasappa Vs Dastagiri and Ors. — Election Law | Karnataka HC (2023)

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IN THE HIGH COURT OF KARNATAKA

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KALABURAGI BENCH

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DATED THIS THE 24^th DAY OF JANUARY, 2023

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BEFORE

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THE HON’BLE MR. JUSTICE ANANT RAMANATH HEGDE

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W.P.NO.200094/2023 (GM-CPC)

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BETWEEN:

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Manikyappa S/o Dodda Narasappa, Age : 40 years, Occ: Agriculture and Class-I Electrical Contractor, R/o Chandrabanda Village, Tq. & Dist : Raichur – 584 102.

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.... Petitioner

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(By Sri B.K.Hiremath, Advocate)

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AND:

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Dastagiri S/o Thimmappa D Age : 35 years, Occ: Agriculture, R/o Chandrabanda Village,

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Tq. & Dist : Raichur – 584 102.

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Venkatesh S/o Mahadeva, Age : 27 years, Occ: Agriculture, R/o Chandrabanda Village,

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Tq. & Dist : Raichur – 584 102.

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Huligeppa S/o Rajanna, Age : 45 years, Occ: Agriculture, R/o Chandrabanda Village,

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Tq. & Dist : Raichur – 584 102.

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Returning Officer Gram Panchayat, Chandrabanda Village, Tq. & Dist : Raichur – 584 102.

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The Taluka Election Officer, Tahasidlar, Raichur, Tq. & Dist : Raichur – 584 102.

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... Respondents

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(By Sri Veeranagouda Malipatil, HCGP for R4 and R5)

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This writ petition is filed under Article 227 of the Constitution of India praying to issue a writ of certiorari quashing the impugned order passed by the Addl. Senior Civil Judge and JMFC-I, Raichur vide Annexure-F dated 01.12.2022 in Election Petition No.2/2021 and allow the IA No.8 and dismiss the election petition filed by the petitioner before trial court in the interest of justice.

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This petition coming on for orders, this day, the court made the following:-

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ORDER

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This petition is filed challenging the order of rejection

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of application filed under Order VII Rule 11(d) read with Section 151 of Code of Civil Procedure. The said application is filed in Election Petition No.2/2021 on the file of Addl. Senior Civil Judge and JMFC-I, Raichur.

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The petitioner has challenged the declaration of result, declared on 30.12.2020 in respect of the election

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held for Chandraband-3 Grampanchayat, Taluk Raichur.

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The application is filed on the ground that the petition is barred under law.

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During the course of hearing before the Trial Court, it appears that a reference has been made to the provisions of Section 15 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 and it is urged before the Trial Court that all the respondents are not made as parties to the said proceedings and on this basis the application is filed to reject the petition.

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The Trial Court after examining Section 15 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 has concluded that there is no ground to reject the petition at the threshold in exercise of power under Order VII Rule 11(d) of the Code of Civil Procedure.

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This court does not find any infirmity in the order passed by the trial court to exercise the jurisdiction under Article 227 of the Constitution of India. The trial court has held that the petition is not barred under any

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law. No provision of law is pointed out to hold that petition is barred under any law.

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Accordingly, the petition is rejected.

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Sd/JUDGE

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Manikyappa S/O Dodda Narasappa v. Dastagiri and Ors.

Case brief

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What did the court decide?

Manikyappa S/O Dodda Narasappa v. Dastagiri and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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