P SAI LAKSHMI Vs. PATRAM VENKATA RAO

JUDGEMENT

(1.) QUESTION: Whether the provisions of the Limitation Act, 1963 would apply to an election petition filed under Section 71 (2) of the Hyderabad Municipal Corporations Act, (hereinafter referred to as "the Corporation Act") is the question involved in this application. FACTS:

(2.) An election to the Visakhapatnam Municpal Corporation was held on 9-3-2000. The petitioner herein was declared elected on 11-3-2000. Questioning the said election a writ petition was filed which was marked as writ petition No. 8305 of 2000 on 8-5-2000 purported to be on the ground that at the relevant time no election tribunal was functioning. The said writ petition came up for admission before a learned Single Judge of this Court on 9-5-2000. At the time of hearing of the said matter a notification in G.O.Ms.No.273, dated 8-5-2000 constituting election tribunal was produced whereupon this Court directed: It is submitted by the learned Government Pleader for GAD that the Government has already constituted a Tribunal by issuing G.O.Ms.No.273 dated 8-5-2000. In view of this the petitioners may approach the Tribunal. Hence, the writ petition is closed. The petitioners shall approach the Tribunal on or before 31st May, 2000.

(3.) The unofficial respondents herein filed an election petition on 31-5-2000 with an application under Sections 5 and 14 of the Limitation Act, 1963 as also Section 671 of the Corporation Act for condonation of delay of 21 days. The said application has been allowed. The petitioner herein questions the aforementioned order on the ground that the Limitation Act, 1963 has no application in relation to an election petition.