ASHIF KHAN Vs. PRASANTA KUMAR DAS

JUDGEMENT

(1.) HEARD Learned Counsel for the petitioner.

(2.) IN this Writ Petition, the petitioner seeks to challenge the judgment/Order dated 2.11.2004 passed by the Learned District Judge -cum -Tribunal, Dhenkanal, Angul, in Election Petition No. 247 of 2003. The petitioner having lost the election to the seat of Councilor of Ward No. 1 of Talcher Municipality against Opp. Party No. 1, filed election petition before the Learned District Judge -cum -Tribunal, Dhenkanal, Angul, Section 19 of the Orissa Municipal Act (hereinafter referred to as 'the Act') provides that such election petition has to be presented/filed before the Tribunal within 15 days after the day on which the result of the election is announced, Admittedly, the result of the election was declared on 20.9.2003, but the election petition was filed on 27.10.2003. Therefore, the election petition having been filed much beyond the period of limitation of 15 days prescribed under Section 19 of the Act, the Learned Tribunal dismissed the election petition being barred by limitation. While filing such election petition for setting aside the election, an application under Section 5 of the Limitation Act was filed, to condone the delay, before the Learned Tribunal. The Learned Tribunal held that Section 5 of the Limitation Act does not apply to the election proceeding as contemplated under Section 19 of the Act and on that score, rejected the petition.

(3.) A plain reading of the above Section clearly shows that under the said section, it is specifically provided that Section 5 of the Limitation Act would apply to appeals where such appeal is filed against an order granting a licence or permission or appeals in other cases which are required to be filed within the period prescribed under Sub -section (a) and (b) quoted above.