E M ANANDAVALLY Vs. T AJITHA

JUDGEMENT

(1.) The question that has come up for consideration in this case is whether S.5 of the Limitation Act would apply for condoning the delay in filing Election Petition under S.89 of the Kerala Panchayat Raj Act.

(2.) Election to Ward No. VII of Trikaripur Grama Panchayat was held on 27.9.2000 and results were declared on 28.9.2000. First respondent in the Writ Petition was declared elected. Writ Petitioner filed Election Petition on 8.11.2000 before the Munsiff's Court, Hosdurg. Since the same was filed beyond the time prescribed under the Act, learned Munsiff dismissed the Election Petition holding that the same was filed beyond the time prescribed under S.89 of the Kerala Panchayat Raj Act. Learned Single Judge found no infirmity in the order passed by the Munsiff. Accordingly Writ Petition was dismissed. Aggrieved by the same this appeal has been filed.

(3.) When the matter came up for hearing, we heard counsel for the appellant Sri. Kaleeswaram Raj as well as Sri. K. Chandrasekharan, Senior Counsel appearing for the returned candidate. Facts are not disputed.