PARGAT SINGH Vs. MOHINDER KAUR AND ORS.

JUDGEMENT

(1.) The two questions involved in this appeal are (i) whether the limitation prescribed for the presentation of election petition under Section 76(1) of the Punjab State Election Commission Act, 1994 (for short 'the Act') can be extended by the State Election Commissioner (for short 'the Election Commissioner')? (ii) Whether in the given facts and circumstances, the election Petitioner was justified in counting the limitation of 45 days for the purpose of presentation of the election petition from the date of order dated 7.11.2008 passed in COCP No. 1290 of 2008.

(2.) Before finding the answers of the aforesaid questions, little history of this case requires to be traced out.

(3.) The dispute has arisen out of the election petition which is filed by Respondent No. 1 (Mohinder Kaur) under Section 89 of the Act challenging the election of the Appellant (Pargat Singh) to the post of Panch of Gram Panchayat of Village Jangiana. Admittedly, the elections were held on 26.5.2008 and the election petition was filed on 14.01.2009.