SURESH KUMAR Vs. SHAM LAL

JUDGEMENT

(1.) This appeal is directed against order passed by the Election Tribunal, Sangrur (for short "the Tribunal") whereby the election petition filed by Ram Singh (Respondent No. 6 herein) challenging the election of Sham Lal (Respondent No. 1 herein) has been dismissed.

(2.) The Appellant has filed this appeal along with an application, namely, CM No. 28449-CII-2009 under Section 5 of the Limitation Act, 1963 read with Section 151 of the Code of Civil Procedure, 1908 (for short "Code of Civil Procedure") for condonation of delay of 2 days in filing of the appeal. Notice in the application for condonation of delay was issued pursuant to which Mr. Manish K. Singla, Advocate has put in appearance on behalf of Respondents No. 1 to 3 and has stated that they are the contesting Respondents. He has also submitted that he has no objection if the delay is condoned but has submitted that election petition by itself was not maintainable before the Tribunal as the same was barred by limitation. In view thereof, CM No. 28449-CII-2009 is allowed and delay of 2 days in filing the appeal is hereby condoned.

(3.) Learned Counsel for the parties are ad idem that election for the post of Sarpanch of Gram Panchayat, Sullar Gharat was held on 20.7.2008 in which Respondent No. 1 Sham Lal son of Bachan Ram was elected. The election of Respondent No. 1 was challenged by the present Appellant along with Jaspinder Pal, Ram Singh and Jaspreet Kaur by filing CWP No. 13527 of 2008. The said writ petition was disposed of by the Division Bench of this Court on 01.08.2008 with following order: