Nagamalla Madhusudhan v. Chiduralla Prabhakar

THE HON'BLE SRI JUSTICE A.V.SESHA SAI C.R.P.No.846 OF 2015 O R D E R :

Heard Sri K.Venu Madhav, learned counsel for the petitioners, Sri V.Ravikiran Rao, learned counsel for the respondents and perused the material available on record. This revision is filed under Article 227 of the Constitution of India against the order dated 21.07.2014 passed by the Court of the I Additional District Judge, Karimnagar, in I.A.No.412 of 2014 in O.P.No.370 of 2014.

The respondents 1 to 6 herein filed the said O.P.No.370 of 2014 seeking the following relief:

A) A decree declaring the Election Notification issued by the respondent - Election Officer on 09.07.2014 to elect the Managing Committee of Vysya Seva Kendram, Karimnagar as illegal, null and void and arbitrary;

B) Any other relief to which the petitioner is entitled to under the circumstances of the case.

C) Costs of the petition may be awarded. According to the petitioners herein, they are the candidates selected unanimously after withdrawal of the nominations as per the notification dated 09.07.2014 and it is also the further case of the petitioners that the 3rd respondent - Election Officer published the same on 18.07.2014.

It is submitted by the learned counsel for the respondents herein that it is always open for the petitioners herein to file an application before the learned I Additional District Judge for their impleadment as respondents in the O.P. and it is always open for them to contest the matter by doing so.

This Court is also of the opinion that the petitioners herein are at liberty to file an application for their impleadment before the Court below to contest the matter.

For the aforesaid reasons, without going into the merits of the matter, the civil revision petition is disposed of, permitting the petitioners to file an application before the I Additional District Judge, Karimnagar, for their impleament as party respondents in O.P.No.370 of 2014 within a period of 10 days from the date of receipt of a copy of this order. If any such application is filed by the petitioners, the I Additional District Judge, Karimnagar, shall pass appropriate orders on the said application after giving opportunity to all the stake holders in accordance with law, as expeditiously as possible preferably within a period of six weeks thereafter. Pending miscellaneous petitions, if any, shall stand closed. No costs.

_______________________________ A.V.SESHA SAI, J 20.02.2015 kvrm THE HON'BLE SRI JUSTICE A.V.SESHA SAI

C.R.P.No.846 OF 2015 DATE: 20.02.2015 kvrm