RANA GHOSH Vs. KHEM SINGH DEWANGAN

JUDGEMENT

(1.) Heard on admission.

(2.) The applicant has preferred the instant Civil Revision being aggrieved by the order passed by the Court below i.e. IInd Additional District Judge, Jagdalpur in Misc. Suit No. 18/2015 (Rana Ghosh Vs. Khem Singh Dewangan & Ors.) whereby and whereunder vide order dated 28.9.2015, the Court below has held that the Election Petition preferred by the petitioner under Section 441 of C.G. Municipal Corporation Act, 1956, challenging the Election of Councilor held for Sardar Bhagat Singh Ward, Ward No. 6 for which, voting was held on 29.12.2014 and counting was made on 4.1.2015 and in the result therein respondent No.1 Khem Singh was declared elected and accordingly, the same was published in the gazette notification dated 5.1.2015. The petitioner/ applicant has preferred the Election Petition before the Court below on 20.2.2015. Before the Court below, the said petition was rejected as it was time barred and hence not maintainable. The Court below further held that doctrine of condonation of delay under the Limitation Laws is not applicable to the Election Petition.

(3.) Against the impugned order, the applicant has preferred the instant Civil Revision and had challenged the legality and propriety of the order passed by the Court below and has taken the ground that under the relevant provisions of Section 29 (2) of the Limitation Act, 1963, as the matter relates to special or local laws, the matter is covered under Section 5 of the Limitation Act and the Court below is required to appreciate the facts for the application under Section 5 of the Limitation Act and the Court below failed to appreciate the maintainability of the Election Petition after condonation of the delay and Court below ought to have heard the matter on its merits. The ground taken that as Section 5 of the Limitation Act is applicable, hence, the order passed by the Court below is perverse and without considering proper application of law, arbitrary hence it may be set aside. Further prayed that the Court below be directed to decide the Election Petition on its merits.