CHUKKA YESURATNAM Vs. SHAIK SALDULU

JUDGEMENT

(1.) This Civil Revision Petition is filed under Article 227 of the Constitution of India assailing the Order dated 10-11-2000 passed by the Election Tribunal, Hyderabad in I.A.NO. 6 of 2000 in E.P.No. 7 of 2000.

(2.) The 1st respondent filed election petition in E.P.No. 7 of 2000 questioning the election of the petitioner herein - Mayor of the Municipal Corporation, Guntur. He also filed Interlocutory Application in I.A.No. 6 of 2000 under Section 5 of the Limitation Act seeking condonation of delay of 42 days in filing the Election Petition. The said application was heard by the Election Tribunal and by order dated 10-11-2000 the delay was condoned. The validity of the said order is challenged in this revision petition.

(3.) Learned Counsel for the petitioner submits that there is no power vested with the Election Tribunal to condone the delay in filing the Election Petition and that Section 5 of the Limitation Act is not applicable to the Election Petition, which is a Original Proceeding; therefore, the order of the Election Tribunal is illegal and liable to be set aside. He takes recourse to Section 71 of the Hyderabad Municipal Corporations Act, 1955.