KISHAN SINGH Vs. HARVEER SINGH AND OTHERS

JUDGEMENT

(1.) The short question which has been raised in this petition preferred under Art. 226 of the Constitution of India is with regard to the applicability of the Limitation Act of 1963 to proceedings taken with a view to challenge an election under the Madhya Pradesh Panchayati Raj Adhiniyam, 1993. The brief facts for the purpose of this petition be noticed.

(2.) Election to the office of Sarpanch, Gram Panchayat, Khejra district Guna, was held. It is not in dispute that the results were declared on 6th of June, 1994. It is also not in dispute that a notification regarding this was published on 30th of June, 1994. It is also not in dispute that the period of limitation is to begin from 30th of June, 1994. It is also not in dispute that the period of limitation is thirty days. The election petition was filed on 17th of Aug., 1994. An application under S. 5 of the Limitation Act, 1963, was also filed. The prescribed authority came to the conclusion that the election-petition is barred by limitation and is liable to be dismissed in view of the provisions contained in S. 122(2) of the Adhiniyam referred to above. This provision reads as under:

(3.) It be seen that in view of the Constitutional seventy-third amendment panchayats have been given a constitutional status and an express bar has been created to the entertainment of disputes by any other forum. The provisions are akin to those contained in the Representation of the People Act, 1951. As such, the decisions given under the aforementioned Act can be taken into notice with a view to determine the disputes in the present Adhiniyam also.