VISHWAMITRA PATHAK Vs. RAMLALLU BAIS AND ANOTHER

JUDGEMENT

(1.) INVOKING the extra-ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for issue of a writ of certiorari for quashment of the order dated 28-11-2000, Annexure P-4, passed by the Commissioner, Rewa Division, Rewa, the Election Tribunal under the M. P. Krishi Upaj Mandi Adhiniyam, 1972 (hereinafter referred to as 'the Act' ).

(2.) THE facts as have been unfurled are that the petitioner instituted an election proceeding under Section 66-A of the Act before the respondent No. 2, challenging the election of respondent No. 1, for the office of Chairman of Krishi Upaj Mandi Samiti, Singrauli, Distt. Sidhi, on many a ground. After service of notice the respondent No. 1 entered appearance and filed his written statement contending, inter alia, that the election petition was devoid of substance and defective because of non-joinder of the parties and it was barred by limitation. Various assertions have been made to highlight that the election was conducted in an undemocratic manner and this Court in W. P. No. 1831/2000 had directed stay of the notification of the election but eventually refused to interfere. The aforesaid averments need not be stated in detail. While declining to interfere it was observed by this Court that the petitioner may approach the Election Tribunal for seeking remedy of his grievances. Thereafter the petitioner filed an election petition on 6-4-2000. As the question of limitation was raised before the Election Tribunal the said authority adverted to the same and came to hold by the impugned order that election proceeding was barred by limitation as the same was not instituted within 30 days from the date of publication of result by the concerned Collector. It is averred in the petition that the finding of the Election Tribunal is vulnerable inasmuch as there has been erroneous interpretation of the provision enshrined under Section 66-A of the Act.

(3.) A return has been filed by the answering respondent No. 1 contending, inter alia, that result of the election has been published by the Collector on 28-2-2000 and the same has been notified in Official Gazette dated 8-3-2000 but the relevant date being 28-2-2000 the order passed by the Election Tribunal cannot be faulted. It has also been averred that the election petition was filed on 10-4-2000 ad hence, even if the date as mentioned in the Official Gazette notification is taken into consideration the election petition was time barred.