- (1.) Leave granted.
(2.) The respondent No.1 filed Election Petition No.1 of 2016 against the present appellant before the Senior Civil Judge and JMFC, Soraba on many a ground. The Senior Civil Judge and JMFC, Soraba, vide order dated 01.07.2017, set aside the election of the appellant.
(3.) Being aggrieved by the aforesaid order, the appellant preferred Writ Petition No.38601/2017 in the High Court of Karnataka at Bangalore. Before the High Court, it was contended that the Civil Judge (Senior Division) had no jurisdiction to entertain the election petition. The writ Court declined to accept the said plea by stating thus: "8. This Court is therefore of the opinion that such a question should have been raised before the learned Court below in the first instance. Now at this stage, since an alternative remedy by way of review or further appeal is available to the petitioner, this Court is not inclined to interfere in the present case at this stage and there are no extraordinary reasons or circumstances to allow the present petitioner to directly approach this Court by way of present writ petition.";