PULUKURI CHINNAIAH Vs. ELECTION TRIBUNAL PRAKASAM DISTRICT

JUDGEMENT

(1.) Heard Sri M. Brahma Reddy, the learned Counsel for the petitioner and Sri A. Sreedhar, the learned Counsel for the respondents.

(2.) The writ petition has been filed to declare the order of the Election Tribunal-Junior Civil Judge, Podili, Prakasam District in rejecting the original petition filed by the writ petitioner under Section 233 of the A.P. Panchayat Act, 1994 on the ground that it is barred by limitation, as illegal and arbitrary and to direct the Election Tribunal to entertain and disposer of the same on merits. The petitioner along with others filed nomination for the election to the post of Sarpanch. The petitioner and the 2nd respondent herein were the contesting candidates for the said post. There is dispute between the parties in regard to the withdrawal of the nomination by the petitioner. In the result the 2nd respondent was declared elected as Sarpanch of the village. Challenging the said declaration the petitioner preferred original petition before the Election Tribunal on 20-8-2001 under Section 233 of the A.P. Panchayat Raj Act.

(3.) According to the petitioner the original petition filed by him was on time. However, the Election Tribunal rejected the original petition on the ground that the same was filed beyond the period of limitation. It held that the 30 days time for filing the original petition is to be counted from the date of declaration of the result and that the petitioner is not entitled to the benefit of Section 12(2) of the Limitation Act and, therefore, there is no reason to exclude the time in connection with the application to set aside the declaration of election. Aggrieved by the said order the present writ petition has been filed.