MOHD. IDRIS QURESHI Vs. NUNKUSIARAM JAISWAL

JUDGEMENT

(1.) BY this revision petition, the petitioner challenges the correctness, validity and propriety of the order dated 27.9.96, passed by the Additional District Judge, Sakti (election tribunal constituted under Section 20 of the M.P. Municipalities Act, 1961) in Election Petition No. 8/95.

(2.) BRIEF facts necessary for disposal of the present revision petition are that election for the Councillor was held on 27.11.94, the election was notified on 5.12.94 in which the present applicant was declared as returned candidate from Ward No. 14. An election petition was filed by non -applicant no. 1 before the Additional District Judge, Sakti challenging the election of the applicant. The said petition was filed on 6.1.95 i.e. on 32nd day from the notification of the elections. The non -applicant no. 1 to bring the election petition within limitation, moved an application under section 5 of Limitation Act praying for condonation of delay and extension of time. The application was opposed by the present applicant on various grounds. The learned Addl. District Judge, after recording the evidence came to the conclusion that the delay was unavoidable and deserved to be condoned. It accordingly condoned the delay. Being dissatisfied by the said order, the applicant has preferred this revision petition.

(3.) ON the other hand, Shri Kostha, learned counsel for the non -applicant no. 1 submits that in view of the language of Section 29 of Indian Limitation Act, the provisions of Section 5 Limitation Act shall apply to an election petition and the Court below was absolutely justified in condoning the delay finding that there was a sufficient cause.