RAVINDRA CHANDORIA Vs. RAMASHANKAR

JUDGEMENT

(1.) This revision, under Section 26(2) of the Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as the 'Act'), has been preferred against order-dated 27.4.2011 passed by Second Additional District Judge, Khurai, Distt Sagar in Civil Suit No. 19-A/11, rejecting petitioner's application under Section 5 of the Limitation Act, 1963 (for short' Limitation Act'), for condonation of delay of only one day in filing of the petition calling in question election of respondent no. 1 to the seat of Councillor of Ward No. 14 in Municipal Council at Khurai. Placing reliance on the decisions of the Supreme Court in Manguram v. Delhi Municipal Corporation, 1976 1 SCC 392 and Shaik Saidulu v. Chukka Yesu Ratnam, 2002 3 SCC 130, Learned Counsel for the petitioner has submitted that provision of Section 5 of the Limitation Act is applicable to the election petition, presented under Section 20 of the Act.

(2.) In Hukumdev Narain Yadav v. Lalit Narain Mishra, 1974 AIR(SC) 480 the Apex Court laid down the following guidelines -

(3.) Relevant excerpts of sub-section (3) of Section 20 of the Act read as under-