MANJULATA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the election of O.P. No. 6 to the office of Sarpanch of Orasahi Grama Panchayat under Chandbali Block in the district of Bhadrak.

(2.) ACCORDING to the learned counsel for the petitioner, the constituency in question from which O. P. No. 6 was elected as Sarpanch was reserved for women candidate belonging to Scheduled Caste community. The further contention of the learned counsel for the petitioner is that though it is true that O.P.No. 6 is a lady, but she does not belong to any Scheduled Caste community. Despite the aforesaid disqualification, the nomination filed by O.P. No. 6 for the office in question was accepted and she was ultimately elected. Instead of raising an election dispute as provided by or under the Orissa Grama Panchayat Act, the petitioner has approached this Court directly under Article 226 of the Constitution of India.

(3.) REALISING this difficulty, learned counsel for the petitioners submits that he may be allowed to file an appropriate election petition in accordance with the statute before the Tribunal. He further submits that the delay that has occurred in filing the instant writ petition may be condoned. We are sorry to say that the law of limitation in regard to raising an electiondispute is very strict and no departure therefrom is permissible. There are series of decisions of the Apex Court that even a single day's delay even if properly explained was not condoned for filing an election petition.