DEVANDRAPPA Vs. HULIGEMMA

JUDGEMENT

(1.) In this writ petition, the petitioner has called into question the order dtd. 3/1/2022 (Annexure-E) passed by the Senior Civil Judge and JMFC, Lingasugur on IA No.6 in E.P.No.5/2021 whereby IA filed under Order 7 Rule 11 r/w. Sec. 151 of CPC and Sec. 17(1) of the Karnataka Panchayatraj Act, 1993 (for short, '1993 Act') is dismissed.

(2.) The brief facts of the case are that the petitioner and respondent No.1 herein have contested for Grama Panchayat election from Nagarhal-3 Constituency which comes under Nagarhal Grama Panchayat, Lingasugur Taluk, Raichur District.

(3.) The further case of the petitioner is that in the election the petitioner has been declared as a winning candidate for Nagarhala-3 Constituency. The respondent No.1 was defeated in the election. Hence, he has filed Election Petition under Sec. 15 of the 1993 Act before the Court of Senior Civil Judge and JMFC, Lingasugur on the ground that counting of votes were not held properly and there was dereliction of duty on the part of respondent No.2 - returning officer and sought for recounting of the votes.