RAMA MURTY @ RAMA MURT Vs. UDAYA GOMANGO

JUDGEMENT

(1.) HEARD learned counsel for the parties. The petitioner, who is the elected Sarpanch of Regada Gram Panchayat in the district Rayagada has filed this writ petition challenging the order dated 31.1.2013, passed by the learned Civil Judge (Jr. Division), Gunupur, in Election Petition No. 16 of 2012, rejecting the petitioner's application for considering the question of maintainability of the election petition on the ground of limitation, as a preliminary issue.

(2.) LEARNED counsel for the petitioner submits that in the election held for the post of Sarpanch of Regada Gram Panchayat of Rayagada district, this petitioner was declared elected on 22.02.2012. Being aggrieved by the result of the said election, opposite party no. 1, who was one of the contesting candidates, filed Election Petition No. 16 of 2012 before the learned Civil Judge (Jr. Division), Gunupur, on 26.3.2012, praying for declaring the election of the petitioner as void and to declare opposite party no. 1 as the elected Sarpanch of Regada Gram Panchayat. Along with the election petition, opposite party no. 1 also filed an application under Section 5 of the Limitation Act, for consideration of delay in filing the election petition.

(3.) LEARNED Civil Judge by the impugned order has rejected the prayer of the petitioner, holding that as the question of limitation is a mixed question of law and fact, the same shall be considered at the time of trial of the election petition.