HONOURABLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.5728 OF 2008 Dated 25-1-2011 Between: Sabbithi Sugnana Ratna Kumari. …Petitioner. And: Chintapalli Anasuya and others. …Respondents. HONOURABLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.5728 OF 2008 ORDER: This revision is directed against the order dated 7-11-2008 in I.A.No.996 of 2008 in E.O.P.No.150 of 2006 on the file of the Senior Civil Judge, Tanuku wherein the said application filed by the petitioner herein under order 9 Rule 4 and Section 151 C.P.C. to set aside the dismissal order dated 24-6-2008, was dismissed. Heard the learned counsel for the petitioner and the learned counsel for the respondents. Perused the record. Petitioner herein filed the Election Petition against the 1st respondent challenging the election on the ground that the 1st respondent does not belong to the Scheduled Caste and that she is only a Christian. She therefore sought for declaration that the election of the 1st respondent in the post of ZPTC, Penugonda is null and void. The said O.P.No.150 of 2006 was dismissed for default due to non-appearance of the petitioner. She subsequently filed I.A.No.996 of 2006 for setting aside the dismissal order on the ground that she was unwell during the relevant period and that she was advised bed rest and that she was undergoing to surgical operation which took place on 2-6-2008 and therefore, she could not appear before the Court on 24-6-2008. Respondents opposed the said application inter-alia on the ground that the petition itself is not maintainable as the Tribunal has no jurisdiction to deal with such an application filed under Order 9 Rule 4 C.P.C. and in the absence of any specific powers conferred by the Statute on the Tribunal. The trial Court after considering the case law that neither Statute nor the Rules confer any powers on the Election Tribunal to exercise the powers under Order 9 Rule 4 C.P.C. for setting aside the default order, in the absence of any specific powers conferred by the Statute, dismissed the application. Learned counsel for the petitioner would submit that in view of the observation of the trial Court that the petitioner has proved sufficient cause for her absence, she may be given an opportunity to prosecute the application. Even assuming that the petitioner was bed ridden at the relevant point of time and therefore, could not attend the Court, still in the absence of any powers conferred by the Statute on the Tribunal, the Tribunal cannot exercise the same under Order 9 Rule 4 C.P.C. The impugned order passed by the trial Court following the several judgments of this Court on the aspect does not therefore call for any interference in exercise of revisional jurisdiction as the same does not suffer from any illegality or material irregularity. Learned counsel appearing for the 2nd respondent-Chief Executive Officer, Zilla Parishad, West Godavari District, Tanuku states that in an enquiry conducted by the District Collector, it was subsequently found that the 1st respondent in fact belonged to the Scheduled Caste and therefore, the contention of the petitioner has no legs to stand. Be that as it may, as the Election Tribunal was not conferred with any powers by the Statute to deal with the matters pending under Order 9 Rule 4 C.P.C., the trial Court has rightly held that the application in I.A.No.996 of 2008 filed by the petitioner for setting aside the default order is not maintainable, and hence, the same does not call for any interference. In the result, this C.R.P. is dismissed. No costs. _______________________________ JUSTICE G.V.SEETHAPATHY Dated 25-1-2011. Dvs HONOURABLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.5728 OF 2008 Dated 25-1-2011