(This Miscellaneous First Appeal is filed under Section 27 of the Karnataka Municipalities Act against the order dated: 9.4.2009 passed in Electron Mis.No.12/2008 on the file of the Civil Judge (Sr.Dn) and Prl. JMFC. K.G.F. allowing the petition filed under section 21 and 23 (a) (c) (d) (i) (ii) (iii) (iv) of Karnataka Municipality Act to declare that election of respondent No.1 held on 28.9.2007 in Ward No.34 of City Municipality Council KGF and the result dated: 30.9.2007 as null and void.)

This appeal is against the order, in an Election Misc. No.12/2008 dated 9.4.2009 on the file of the Civil Judge (Sr.Dn.) K.G.F. Appellant was the Respondent No.1, respondent No.1 was a petitioner and respondents No.2 to 7 were the respondents before the learned Civil Judge.

2. This case arises under a peculiar circumstances, Respondent No. 1 was an unsuccessful candidate in an election held for Ward No.34. City Municipal Council, K.G.F. He filed a election petition under Sections 21 and 23 of the Karnataka Municipalities Act, 1964 (hereinafter referred to as the ‘Act). Before the Civil Judge (Jr.Dn.). K.G.F. Section 21 of the Act requires that the petition to be filed within 15 days