ANSAR AHMAD Vs. SUB DIVISIONAL OFFICER KAIRANA

JUDGEMENT

(1.) SRI Shiam Lal Mishra, learned counsel for the petitioner has raised a very interesting question as to whether the Prescribed Authority under Section 12-C of U. P. Panchayat Raj Act, is empowered to condone the delay in filing Election Petition beyond the period prescribed under Rule-3 of U. P. Panchayat Raj (Settlement of Election Dispute) Rules, 1994 or in other words whether the application of the Limitation Act is excluded by reason to Rule-3 of 1994 Rules. According to him the provision of the Limitation Act is not applicable in special Statute relating to the dispute regarding election and, therefore, the order passed by the Prescribed Authority as well as by the Revisional authority, condoning the delay in filing Election Petition long after 21 months is wholly without jurisdiction and, as such the writ petition is liable to be set aside.

(2.) SRI Pankat Kumar Singh, learned counsel appearing on behalf of respondents, on the other hand contends that by reason of Clause- (vi) of sub-rule (1) of Rule 4 of 1994 Rules having provided that the Sub Divisional Officer may at any time dismiss the application, presented beyond time, indicates that it has given discretion to the Sub Divisional Officer, which pre-supposes application of the Limitation Act in the said Statute and relies on two decisions in support of his contention namely in the case of Bhakti Mandal v. Khajendra Bandhu Upadhyaya, AIR 1968 Calcutta 69 and on the decision in the case of Bhoureylal v. Kuni Behari Lal, AIR 1969 Rajasthan 299. Relying on the Calcutta decision he submits that there it has been held that the prescribed authority has power to condone the delay. Similarly relying on the decision in Rajasthan's case he contends that Panchayat Raj Act being a local law by reason of Section 29 (2) of the Limitation Act the provisions of Section 4 to 24 becomes applicable.

(3.) I have heard Sri Shiam Lal Mishra, learned counsel for the petitioner, Sri Rahul Sripat and Sri B. K. Singh learned counsel for the respondent as well as Sri Arun Tandon acting as amicus-curiae at some length.