RAJESH SAHU Vs. SANJAY MAKHIJA

JUDGEMENT

(1.) "Whether the provisions of Limitation Act, 1963 are applicable to the proceedings of Election Petition filed u/S. 122 of the Panchayat Raj Adhiniyam, 1993? Is the question raised for consideration."

(2.) THE facts, briefly stated, are as under:- THE petitioner is an elected Sarpanch of village Panchayat Kotni, Tehsil-Aarang, Dis-trict-Raipur (CG). He was declared elected on 31-1-2010. A certificate to this effect was issued on 3-2-2010. THE election of the petitioner was called in question by filing an election petition by respondent No. 1 u/S. 122 of the Panchyat Rai Adhiniyam, 1993 (hereinafter referred to the Act 1993')- THE election petition was filed on 23-4-2010. THE election petition was barred by limitation, therefore, the election petitioner also filed an application u/S. 5 of the Limitation Act, 1963. THE election petition was filed praying a re-count of votes on account of alleged illegality in the process of counting of votes. THE petitioner, opposed the election petition on merits. He also opposed the application filed u/S. 5 of the Limitation Act. THE Specified Officer/Sub-Divisional Officer rejected the objection raised by the petitioner and condoned the delay in filing the election petition u/S. 5 of the Limitation Act, and thereafter the final order was passed on 3-12-2010 and re-count was directed allowing the election petition filed by respondent No. 1.

(3.) I have heard the learned counsel for the parties at length and have also perused the records of the writ petition.