RAMA KANT Vs. DISTRICT JUDGE GHAZIPUR

JUDGEMENT

(1.) ASHOK Bhushan, J. Heard Dr. R. G. Padia, Senior Advocate for the writ petitioner and Sri R. N. Rai learned Counsel appearing for election petitioners, Respondent Nos. 2 and 3. Counter and rejoinder affidavits have been exchanged. Both the parties have agreed that writ petition itself be decided.

(2.) BY this writ petition the petitioner has prayed for quashing for the order dated 23rd May, 2002 passed by the District Judge, Ghazipur and well as the order dated 27th August, 2001 passed by the District Judge, Ghazipur.

(3.) COUNSEL for the contesting respondents Sri R. N. Rai, refuting the submission of COUNSEL for the petitioner contended that Section 5 of the Limitation Act is applicable in the election petition and the delay has rightly been condoned by the District Judge. In support of his submission COUNSEL for the respondents placed reliance on a judgment of the Apex Court in 2002 (47) ALR 221, Shaik Saidullu @ Saidan v. Chukka Yesu Ratnam and others.