LAWS(CHH)-2006-5-11

TAUKIR DANI Vs. CHKNDAGI RAM

Decided On May 03, 2006
TAUKIR DANI Appellant
V/S
CHKNDAGI RAM Respondents

JUDGEMENT

(1.) THE Applicant has preferred this civil revision under Section 26(2) of Chhattisgarh Municipalities Act, 1961 (hereinafter referred to as 'Act of 1961) r/w Rule 19 of Chhattisgarh Municipalities (Election Petition) Rules, 1962 against the order dated 24.01.2006 passed by learned District Judge, Raipur in Election Petition No. 19/05 and by which the application preferred by the Applicant under Order 7 Rule 11 of the Code of Civil Procedure for dismissing the election petition preferred by Respondent No. 1, has been dismissed.

(2.) THE short question involved for adjudication of this civil revision is that whether the election Tribunal can condone delay in filing the election petition by extending the benefit of Section 14 of the Limitation Act to the election Petitioner.

(3.) LEARNED Counsel for the Applicant submits that provisions of Limitation Act are not applicable to the election petition proceedings under the Act of 1961 as the Municipalities Act and Rule framed there under is a complete and self-contained code like Representation of the People's Act which does not admit of the introduction of the principles or the provisions of law contained in the Indian Limitation Act.