RAJESH CHANDRAKANT SHINGADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both Writ Petitions are disposed of by this common judgment. Facts are absolutely identical in both Writ Petitions. For convenience and reference, facts in Writ Petition No.1273 of 2024 are referred to herein. The result applies to both Petitions. In Writ Petition No.1360 of 2024, two Petitioners have filed the Election Petition jointly. It is verified by both Petitioners.

(2.) The question that arises before the Court in the present Writ Petitions is "Whether any procedural deficiency in the proceedings filed online within the prescribed limitation period designated with objection can be labelled as proceedings filed beyond limitation?" Strict period of limitation applies in the present case. The proceedings is an Election Petition filed to challenge result of an Election (public).

(3.) Petitioner in Writ Petition No.1273 of 2024 - Rajesh Chandrakant Shingade has filed the Election Petition. Facts in the Election Petition as also other relevant dates are not in dispute. Election result was declared on 6/11/2023. Respondent No.5 represented by Mr. Gavnekar was declared elected from Ward No.3 of the Gram Panchayat of Mauje Jambulpada Varhad, Taluka Sudhagad, District Raigad in the election. Petitioner being unsuccessful challenged the election of Respondent No.5 by filing Election Petition. Under the statute, such Election Petition is required to be filed within 15 days from the date of declaration of results of election. That prescribed period of limitation would end on 21/11/2023.