RAMBIHARI Vs. BAIJ NATH SINGH

JUDGEMENT

(1.) IN an election for the Office of Chairman of Krishi Upaj mandi Samiti, Satna, petitioner No. 2 was declared to Have been duly elected on 29-10-1985. Respondents 1 and 2 filed an election petition challenging the election of petitioner No. 2 which we are informed, is pending in the Court of Additional Collector, satna. An objection was raised on behalf of the petitioners that the election petition which had been filed by the respondents 1 and 2, was barred by time and consequently without going into the merits of the said election petition, it deserved to be dismissed. This plea, however, did not find favour with the Additional Collector and by his order dated 5-5-1987, he held that the election petition, as filed on 15-11-1985, was within time. In this connection, he pointed out that the result of the election having been declared on 29-10-1985 and 11-11-1985 to 14-11-1985 being holidays, the said election petition was apparently within limitation. It is this order of the Additional Collector dated 5-5-1987 which is sought to be quashed.

(2.) A prayer has further been made in the writ petition that an order dated 15-5-1987 be also quashed. During the course of arguments, however, learned counsel for the petitioners has not pressed the relief for quashing the order dated 15-5-1987. Another prayer which has been made in the writ petition is for declaring sub-rule (13) of Rule 54 of Madhya Pradesh Krishi Upaj Mandi (Adhisuchana Prakashan Riti, Bharsadhak samiti Tatha Mandi Samiti Gathan) Niyam, 1974 (hereinafter referred to as the Rules), to be ultra vires.

(3.) IT has been urged by learned counsel for the petitioners that the period of limitation for filing an election petition under clause (a) of sub-rule (13) of Rule 54 is 7 days and the election petition not having been filed within this period, was barred by time. In support of this submission, it has been pointed out that whereas an amendment was made in sub-rule (13) of Rule 54 by a notification dated 23-3-1983 published in the m. P. Rajpatra dated 29-4-1983 whereby for the words 'seven days', the words 'fifteen days' were substituted in clause (b) of sub-rule (13), the said amendment has been taken to be in clause (a) of sub-rule (13) and it is because of this mistake that 15 days has been taken to be the limitation for filing an election petition under clause (a) of sub-rule (13 ). In our opinion, clause (b) appears to be a misprint in the notification dated 23-3-1983 for clause (a ). In this connection, it may be pointed out that the original rules as framed, were published vide notification dated 7-2-1974 in the M. P. Rajpatra dated 8-2-1974 and sub-rule (13) of Rule 54, as published in the aforesaid Rajpatra, reads as hereunder: