AKHTAR ALI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard Shri A. K. Shrivastava, learned counsel for the petitioner as well as Shri K. N. Gupta, learned Govt. Advocate representing the respondents/State who has put in appearance on advance notice.Perused the writ petition.1. The petitioner feels aggrieved by an order passed by the Collector/appellate authority, Krishi Upaj Mandi Nirvachan, District Shivpuri whereunder the appeal filed by the petitioner under the Madhya Pradesh Krishi Upaj Mandi (Adhisuchana Prakashan Riti, Bharsadhak Samiti Tathas Mandi Samiti Gathan) Niyam, 1974, which was directed against the rejection of his nomination paper by the election authority dated 21-4-1999 has been dismissed holding that the said appeal was not maintainable on the ground that the appeal had been filed beyond the prescribed period of limitation.

(2.) It may be noticed that the appeal had been filed on 2-2-2000 whereas the order rejecting the nomination paper in question had been passed on 21-4-1999.

(3.) The petitioner has asserted that along with the appeal he had submitted an application praying for the condonation of delay in filing the appeal, a copy of which has been annexed as Annexure P/1 to the writ petition. The only explanation in the application which has been furnished explaining the delay in filing the appeal was that in the evening of the day on which the nomination paper had been rejected, under an interim order passed by the High Court, the election had been stayed and since the election had been stayed, he could not submit the memorandum of appeal.