N. KOTRESH Vs. R. KEMPARAJU AND OTHERS

JUDGEMENT

(1.) - This writ petition is filed by the defeated candidate challenging the election of the 1st respondent as Councillor in City Municipal Council, Doddaballapur, under the provisions of the Karnataka Municipalities Act, 1964, aggrieved by the order Annexure-F, dated 23-8-2016 passed by the Principal Civil Judge and Judicial Magistrate First Class at Doddaballapur, dismissing the I.A. filed under Sec. 5 of the Limitation Act, 1963 as well as I.A. filed under Order 6, Rule 17 of Civil Procedure Code, 1908 filed in the Election Petition No. 3 of 2015 filed by the present petitioner.

(2.) The reasons assigned by the learned Court below in the impugned order are quoted before for ready reference:

(3.) The learned Counsel for the petitioner has urged before this Court that the Court below has not dealt with certain citations produced before that Court for perusal in support of the contentions raised that delay in filing the election petition after about 3 years of the said election held in the month of March 2013 and the results whereof were declared on 11-3-2013, deserves to be condoned under Sec. 5 of the Limitation Act, in view of Sec. 29(2) of the Limitation Act, 1963 read with Art. 58 in Part III of the Schedule of the said Act, providing for limitation of 3 years to obtain any other declaration. He also submitted that the delay in the facts and circumstances of the case deserves to be condoned and election petition deserves to be tried on merits.