UMESH TUKARAM KAMBLE Vs. SHAMRAO SAKHARAM PATIL

JUDGEMENT

(1.) Rule, by consent of Counsel returnable forthwith. Counsel appearing on behalf of the contesting Respondents waives service.

(2.) At the request of Counsel taken up for hearing and final disposal. An election was held under the provisions of the Bombay Village Panchayats Act, 1958 ( the Act ) to the Village Panchayat of Sagaon in the Taluka of Kagal. The results of the election were declared on 20th June 2005. An election dispute was filed by the First to Eleventh Respondents before the Civil Judge, Junior Division, Kagal on 25th August 2005 under Section 15 of the Act. The dispute was filed after the lapse of a period of two months and four days; whereas under sub-section (1) of Section 15, the validity of an election to a Panchayat can be brought in question at any time within 15 days after the date of the declaration of the results of the election. An application for condonation of delay was filed on the ground that (i) The applicants were illiterate women; (ii) Certified copies of the documents were not received in time; (iii) An application was made to the Collector on 10th August 2005 which was decided on 19th August 2005; and (iv) Heavy rains had taken place, as a result of which the Advocate could not be contacted. The Petitioners opposed the application for condonation of delay.

(3.) By an order dated 4th October 2006, the Civil Judge, Junior Division at Kagal allowed the application and condoned the delay in filing the election dispute. The order of the Civil Judge, Junior Division, is called into question in these proceedings. On behalf of the Petitioners, it has been urged that the provisions of the Limitation Act, 1963 were not attracted and the Learned Judge had no jurisdiction to condone the delay. The submissions urged on behalf of the Petitioners were to the effect that :