N.R. Sharma vs State of Karnataka

Dr. Vineet Kotharl, J.—The present petitioners have filed these writ petitions before this Court rather unnecessarily, in view of insertion of Section 24-A in the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, by Act No. 44 of 2015, enforced with effect from 25-2-2016 vide Gazette Notification No. Grama AP 09 of 2016, dated 23-2-2016 published in Part IV-A, No. 315 on 23-2-2016, which provision is quoted below, the Election Petition No. 1 of 2015 filed before the Court of Civil Judge (Junior Division), Magadi, Ramanagara on 6-7-2015 for challenging the election of respondents 4 and 5 to the Solur Gram Panchayath, automatically stood transferred to the designated Court namely, the Court of Civil Judge (Senior Division) and therefore, the election petition filed by the present petitioners before the Court of Civil Judge (Junior Division) was required to be automatically transferred or transmitted to the Court of Civil Judge (Senior Division). The petitioners had themselves moved the application for that purpose before the learned Civil Judge (Junior Division) in terms of amendment of law by insertion of Section 24-A of the Act with effect from 25-2-2016.

While allowing the said application, the learned Additional Civil Judge and Judicial Magistrate First Class, Magadi, by the order dated 15-4-2016 has done precisely that and the record of the case was transmitted to the learned CJM, Ramanagara, for necessary further action. However, by way of post script addenda in the said order, the learned Civil Judge (Junior Division) and Judicial Magistrate First Class, passed the following order which has brought the present petitioners before this Court and who were also the petitioners before the learned Civil Judge (Junior Division) in the said election petition and who felt aggrieved by the said Addenda part of the order only and prayed that the Civil Judge (Junior Division) should have only transferred the case itself to the Civil Judge (Senior Division), the designated Court in view of Section 24-A of the Act inserted with effect from 25-2-2016 and not returned the plaint for proper presentation:

"Impugned portion of the order.

Further, it is clarified, petitioners are hereby directed to withdraw the petition in view of lack of jurisdiction and present the same before proper forum, if they are advised to do so.

Office to return the petition and documents to petitioners.

And also to respondents if they are willing to be return the main objections and such order documents."

The provisions of Section 24-A of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, providing of such transfer of the case to the Court of Civil Judge (Senior Division), is quoted below for ready reference:

"24-A. Transfer of pending cases. - All cases pending before Civil Judge (Junior Division) and Civil Judge (Senior Division) now called as Court of a Civil Judge or Court of a Senior Civil Judge pertaining to election disputes before the date of commencement of the Karnataka Panchayath Raj (Second Amendment) Act, 2015 shall stand transferred to the concerned designated Court and shall be disposed off as if they are pending before them."

In view of the amended provisions providing for the automatic transfer of the pending cases from the Court of Civil Judge (Junior Division), assuming them to be properly instituted on the date of filing of election petition, to the Court of Civil Judge (Senior Division), the impugned portion of the order dated 15-4-2016 does not at all prejudice the present petitioners, so as to invoke the jurisdiction of this Court under Article 227 of the Constitution of India. The learned Court below of the Civil Judge (Junior Division) has merely returned the plaint for proper presentation before the Court of Civil Judge (Senior Division) because with effect from 25-2-2016 by virtue of Section 24-A, the jurisdiction no longer vested in that Court of Civil Judge (Junior Division).

In view of the above, the petitioners are at liberty to now present the returned plaint/election petition before the learned Civil Judge (Senior Division), who is expected in law to proceed with the same in accordance with law.

The writ petitions are disposed of accordingly. No costs. Copy of this order be sent to the respondents and the concerned Courts below for information and necessary action.