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Judgment
Heard Learned Counsel for the parties.
By means of this writ appeal, the Appellant has prayed for setting aside the Order Dated 10.11.2009 passed by the Learned Single judge in W.P.(C) No. 7755 of 2009. By the aforesaid order the Learned Single Judge while setting aside that part of the Order Dated 30.4.2009 by which the Learned District Judge ordered for fresh election, confirmed the order of the Trial Court & declared Opposite Party No. 2 to have been elected as Sarpanch of Nagiaposi Gram Panchayat.
The aforesaid order was passed by the Learned Single Judge exercising jurisdiction conferred under Article 227 of the Constitution as the Writ Petition was filed challenging the order of the Learned District Judge passed in F.A.O. No. 6 of 2008 which was an appeal filed against the Judgment & order of the Election Tribunal. The jurisdiction conferred under Article 227 of the Constitution is supervisory in nature. The Learned Single Judge in exercise of supervisory jurisdiction has set aside the order of the Learned District Judge. In view of the Full Bench decision of this Court in Mahammed Saud and Others Vs. Dr. (Maj) Shaikh Mahfooz and Another, holding that no Writ appeal will lie against Judgment/order/decree passed by a Single Judge exercising power under Article 227 of the Constitution, this writ appeal under the Letters Patent of High Court is not maintainable which is accordingly dismissed.
Urgent certified copy may be granted on proper application.