SUMAN DEVI Vs. MANISHA DEVI AND ORS

JUDGEMENT

(1.) The appellant and the first respondent contested elections for the post of Ward Councilor, from Ward No 18 of the District Council of Mahendergarh. The results of election were declared on 28 January 2016. The appellant was declared to be the elected candidate. On 10 February 2016, the first respondent filed an Election Petition namely, Civil Suit 9/2016 (CS 1086/2016) under Section 176 of the Haryana Panchayati Raj Act 1994 challenging the election of the appellant. Upon service of the election petition, the appellant filed an application under Order 7 Rule 11 of the CPC for rejection of the petition on the ground that the first respondent had failed to present it in person as required by Section 176. Notice was issued on the application. The respondent filed her reply. On 1 March 2016, the first respondent moved an application for withdrawal of the election petition. The application was allowed by the Civil Judge, Junior Division on the same day and the first respondent was permitted to withdraw the election petition with liberty to institute a fresh petition. Subsequently on 2 March 2016 the first respondent filed a second election petition, Civil Suit 361/2016(CS 1106/2016). The appellant filed an application under Order 7 Rule 11 for rejection of the election petition on the ground that it was barred by limitation. An application was thereupon filed by the first respondent purportedly under Section 5 read with Section 14 of the Limitation Act submitting inter alia that if the limitation for filing the election petition had expired, the period spent between the filing of the earlier petition and its withdrawal may be excluded since the first respondent was bona fide espousing her remedies. The appellant opposed the application.

(2.) By a judgment dated 19 July 2016 the Trial Court allowed the application under Order 7 Rule 11 on the ground that the fresh election petition was presented after the expiry of 30 days prescribed for the institution of an election petition. The first respondent preferred an appeal which was allowed by the District Judge, Narnaul on 18 January 2017. The appellant challenged the order of the District Judge before the High Court. The Civil Revision has been dismissed by the impugned order of the High Court dated 11 August 2017. The High Court has observed thus:

(3.) The learned counsel appearing on behalf of the appellant submits that the Haryana Panchayati Raj Act 1994 is a complete code for the presentation and adjudication of election petitions. Counsel submitted that an election petition has to be instituted under Section 176 within 30 days from the date of the declaration of the results of the elections. An election petition which does not comply with Section 176 must be rejected outright. Learned counsel submitted that this view has consistently been followed in several decisions of the Punjab and Haryana High Court, to which a reference was made. These are:Joginder Singh v Baldev Singh,2010 157 PunLR 769, Rashpal Singh @ Rachpal Singh v Jasvir Singh, (2010) 2 RCR(Civ) 408, Chet Ram v State of Punjab, (2010) 160 PunLR 718, Darshan Singh v Karamjit Singh, (2012) 166 PunLR 831, Parkasho v Bhola Devi, (2012) 167 PunLR 541 and Deepa Mangla v Nanak Chand CR No 523/2013 decided on 06.02.2015.