SIKANDERBHAI NASIRBHAI THIM Vs. STATE ELECTION COMMISSION GUJARAT

JUDGEMENT

(1.) The present writ petition calls in question the Order dated 22.06.2016 passed by 6th Additional District Judge, District Bhavnagar, below Exh.6 in Election Application No.2 of 2015 whereby the application for condonation of delay of 13 days caused in preferring the election petition challenging the validity of election held in the year 2015 of Palitana Municipality came to be rejected.

(2.) The brief facts of the case culled out from the record which led to the filing of the present petition are that in the year 2015 the election of Palitana Municipality was held under the provisions of the Gujarat Municipalities Act, 1963 ('the Municipalities Act' for short) and the results thereof were declared on 02.12.2015. The petitioners questioned the election of the private respondents herein for Ward No.3 of Palitana Municipality by filing an election petition (application) on 03.12.2015.

(3.) According to the provisions of Sec. 14 of the Municipalities Act, the validity of any election can be brought in question by any person qualified to vote at the election at any time within fifteen days after the date of the declaration of the result of the election before the District Court. It is the case of the petitioners that since there was delay of 13 days in filing the election petition, an application for condonation of delay along with the election petition was filed, inter alia, stating the grounds and reasons thereof. By the impugned order, as stated herein above, the District Judge refused to condone the delay and did not entertain the election petition of the petitioners mainly on the ground that there is no provision in the Municipalities Act for waving the delay in filing the election petition.