GYARASAI BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this writ petition under Article 226/227 of the Constitution of India, the petitioners' have challenged the appellate order passed under section 12(5) of the Madhya Pradesh Panchayat Nirvachan Niyam, 1995 dismissing the appeal, on the ground of limitation.

(2.) FACTS necessary for disposal of this petition are to the effect; that the petitioners' claims to be members of the Scheduled Tribe category and residents of village Barkheda Safa. Gram Panchayat Gazipur, District Guna. By draw of lots, the scat of Sarpanch of the Village Panchayat was reserved for the Scheduled Tribe category candidate. It is submitted that the names of the petitioners ' have been deleted from the voters ' list without any notice and behind their back. However, no sooner did they came to know of the deletion of their names, they have filed an appeal. Along with the appeal, an application was filed seeking condonation of delay in filing the appeal, however, by the impugned order, the delay in filing the appeal was not condoned. Accordingly, it is prayed that the impugned order be set aside directing the appellate authority to hear the appeal, on merits.

(3.) STATE 's counsel and the counsel for the respondent No.4 have vehemently opposed the prayer. Counsel for respondent No.4 further submitted that there was no explanation whatsoever explaining the formidable delay of about one month in filing the appeal. Hence, the appellate authority has rightly dismissed the appeal, on the ground of limitation.