B. B. Siddalinga Murthy v. Returning Officer, Y. S. Patil The Assistant Commissioner, Kibbanalli Zilla Panchayath Constituency Tiptur
2013-03-19
A.S.BOPANNA
body2013
DigiLaw.ai
Judgment :- 1. The petitioner is before this Court seeking for issue of mandamus to direct the Trial Court to dispose of the Election Petition No. 1/2011 pending on the file of the Civil Judge (Sr. Dn.), Tiptur. 2. The case of the petitioner is that the petitioner was one of the candidates to the elections which had been held to the Tumkur Zilla Panchayath from Kibbanalli-31 constituency. In that regard, subsequent to the result of the elections being notified on 04.01.2011, the petitioner being aggrieved by the same has preferred an Election Petition in No. 1/2011. The said petition is pending before the Trail Court which is the Election Tribunal. 3. The grievance of the petitioner is that though the provisions contained under Section 17 (6) of the Karnataka Panchayath Raj Act provides that such election petitions should be concluded within a period of six months, the Election Tribunal has not yet completed the proceedings. It is in that regard, the petitioner seeks that an appropriate mandamus be issued to the Election Tribunal (Trial Court) to dispose of the matter. 4. Certainly, when the statutory provisions require disposal of the petition in a time frame, the Courts/Tribunal would have to keep this in view and also taking note of the fact that the Tribunal is specially constituted to try election petition, the Courts would have to consider the same with utmost urgency. Instead of issuing mandamus to the Court below which is presided by a Judicial Officer, I am of the opinion that liberty should be granted to the petitioner to file an appropriate memo along with certified copy of this order with the Court below seeking early disposal. The Court below shall take note of the same and also keep in view the provisions contained in Section 17 (6) of the Act and dispose of the petition in a time bound manner. 5. With the said liberty to the petitioner and with the expectation that the Election Tribunal would act in accordance with law, the petition stands disposed of. No costs.