M. B. VISHWANATH, J. ( 1 ) HEARD both counsel. It has been laid down by this Court in h. V. Venkatesh v Election Officer, Tahsildar, Mulbagal Taluk, kolar District and Others, that the decision of the Munsiff in an election Petition is revisable by this Court under Section 115, cpc. ( 2 ) IN this revision petition the petitioner in the lower Courthas challenged the order passed by the learned Munsiff, belthangady on 4-1-1995 in Miscellaneous No. 4 of 1994 filed under Sections 15 and 20 of the Karnataka Panchayat Raj Act, 1993, setting aside the election of the revision petitioner and declaring the respondent as duly elected. ( 3 ) IT is clear from the material on record that the revision petitioner had not filed objections to the election petition. The learned Munsiff proceeded to decide the election petition on merits even when the revision petitioner had not filed objections and contested the matter, though represented by a counsel. ( 4 ) "before upsetting an election, the Court ought to be satisfied beyond all doubt that the election is void". The law in england is that even "if the petitioner claims the seat or office, but the respondent does not oppose the petition, the petition ought to proceed to trial as the rights of the constituency or electoral area are concerned". ( 5 ) IT is argued by the learned counsel for the respondent thatthe impugned order is an order on merits and cannot be set aside. I find it difficult to accept this argument, bearing in mind that the revision petitioner had not even filed objections. Though the learned Munsiff has purported to pass an order on merits, it does not cease to be an ex parte order. ( 6 ) I am of the opinion that this is a fit case in which opportunity should be granted to the revision petitioner to file objections and contest the matter. Accordingly, the impugned order is set aside and the matter is remanded to the learned munsiff with a direction to give sufficient opportunity to the revision petitioner to file objections and contest the election petition. ( 7 ) REVISION petition is accordingly allowed, the impugned order is set aside and the matter is remanded. The revision petitioner shall pay costs of Rs. 250/- to the petitioner in the lower Court. --- *** --- .