BODDEPALLI VENKATA NARASINGA RAO Vs. KILLI LAKSHMANA RAO

JUDGEMENT

(1.) This is a petition filed under Article 226 of the Constitution of India praying for to call for the records in I A. 119 of 88 in QP. /88 on the file of the ''(Election Tribunal) Principal Subordinate Judge, Srikakulam and to quash the order dt. 24th April, 198) made therein by issuing any Writ of certiorari or any other appropriate Writ order or direction.

(2.) The elections for the Chairman of Amadalavalasa Municipality were held on 6-3-88 This writ petitioner was declared elected as Shairman of the said Municipality Under Rule 2 of the Rules of Decision of the Election Disputes (1967) (for short 'the 1967 Rules') an election petition challenging the election of Chairman of Municipality shall be presented within 15 days of the date of declaration of the results of the election. But R-l herein who unsuccessfully contested for the said post, filed the election petition challenging the election of tke writ petitioner, after delay of 76 days. He also filed I A. 119/88 praying for condoning delay in presenting the Election petition Inter alia it was challenged by the writ petitioner by contending that sec. 5, Limitation Act is not applicable in regard to these election petitions. The same was considered as a preliminary point. The lower tribunal negatived the contention for the writ pstitioner by observing that there is no specific provision either under the Municipalities Act or the Election Disputes Rules prohibiting thj application of Sec. 5, Limitation Act and hnce it is applicable to this election dispute. The same is assailed in this writ petition.

(3.) In Hukum Dev v. Lalit Narain (1) A I R 1974 S C 480 It was held thus :- "Even in a case where the Special Law does not exclude the provisions of Sections 4 to 24 of the Limitation Act by an express reference, it would be nonetheless open to the court to examine whether and to what extent the nature of those provisions or the nature of the subject matter aid scheme of the Special Law exclude their operation." Hence merely because there is no specific provision excluding the application of Sec. 5, Limitation Act, it cannot ba stated that it is applicable even in regard to the election petition challeagiag the election of Chairman of Municipal Council eic.