LALITHA Vs. BRUHAT BANGALORE MAHANAGARA PALIKE

JUDGEMENT

(1.) Petitioner has contested the Election from Ward No. 6 of Thanisandra, Bangalore East Taluk and she was declared duly elected on 05.04.2010. The result of the election was published in Karnataka Gazette on 16.04.2010. Respondent Nos. 2 to 5 also contested the said election, but have lost. The second Respondent herein filed Election Petition on 24.05.2010 in E.P. No. 22/2010 under Section 33 of the Kamataka Municipal Corporation Act 1976, before the City Civil Court, Bangalore, (CCH-11). On 13.08.2010, the Petitioner filed detailed written statement to the Election Petition, She has also filed I.A. No. IV under Order VII, Rule 11(d) of Code of Civil Procedure read with Section 33(1) of the Karnataka Municipal Corporation Act 1976, to reject the Election Petition, as the same was time barred. Section 33(1) of the Karnataka Municipal Corporation. Act, 1976 mandates that the Election petition shall be presented within 30 days from the date of publication of the result of the election.

(2.) It is argued on behalf of the Petitioner that the Limitation Act is not applicable to the Election petitions filled under Section 33(1) of The Karnataka Municipal Corporation Act, 1976 and therefore the second Respondent, herein ought to have filed Election petition within 30 days from the date of publication of the results of election. It is further argued that the Court below is not justified in taking into account Section 10 of General Clauses Act to conclude that the Election petition cannot be filed during summer vacation before the Court below and therefore the Election petition filed on the re-opening day alter summer vacation is within the period of limitation.

(3.) It is no doubt true that Sub-section (1) of Section 33 mandates that the Election petition shall be presented within 30 days from the date of publication of the result of election under Section 32. Section 32 clarifies that all elections of the Mayor, Deputy Mayor, and the Counselors, shall be notified by the Government in the Official Gazette. The matter on hand pertains to the election of the Counselor. The combined reading of Sections 32 and 33 of the Act makes it clear that the Election petition ought to be filed within 30 days from the date of publication of the result in the Official Gazette. Thus, the second Respondent being the election Petitioner should have filed Election petition within 30 days from 16.04.2010 (from the date of publication of the result in the Official Gazette).