AJAY KUMAR TRIPATHI Vs. RAM BAHADUR

JUDGEMENT

(1.) ARUN Tandon, J. Heard Sri A. M. Tripathi, learned Counsel for the petitioner and Sri Sanjeev Khare, learned Counsel for respondent.

(2.) THIS writ petition was taken up as fresh matter on 8th August, 2007 and on the said date learned Counsel for the parties agreed that since only a legal issue qua application of section-5 of the Limitation Act to an election petition filed under the provisions of Uttar Pradesh Zila Panchayats (Settlement of Disputes Relating to Membership) Rules, 1994 is involved, it is not necessary to file any counter affidavit and the writ petition may be decided at the admission stage itself without calling for counter affidavit.

(3.) ON behalf of the election petitioner (respondent) it was contended that limitation for filing of the election petition is 30 days and since the result was declared on 28th October, 2005, the period of 30 days would expire only on 27th November, 2005, which was Sunday and therefore, the election petition is within time. Even otherwise the application under section-5 of the Limitation Act for condoning the delay of one day has been filed, which may be considered on merit.