HARJIT SINGH Vs. MEHNGA SINGH AND ORS.

JUDGEMENT

(1.) CHALLENGE in the present appeal is to the order dated 15.12.2008 passed by the Deputy Commissioner -cum -Presiding Officer, Election Tribunal, Amritsar (for short "the Tribunal") dismissing the election petition filed by the Appellant as time barred. Along with the appeal, an application seeking condonation of delay of 175 days in filing thereof has also been filed.

(2.) BRIEFLY , the facts of the case are that the election of Sarpanch of Gram Panchayat Nawan Pind Block Jandiala, Tehsil and District Amritsar was held on 16.07.2008. The Appellant being aggrieved, filed Civil Writ Petition No. 13701 of 2008 in this Court, which was dismissed as withdrawn on November 5, 2008 with liberty to the Appellant to file election petition before the Tribunal within three weeks from the date of the order. The Appellant filed election petition on 15.12.2008. The same was dismissed as time barred. Hence, the present appeal has been filed before this Court.

(3.) ON the other hand, learned Counsel for the Respondents submitted that the election of Sarpanch could be challenged by filing the election petition within 45 days from the date of election in terms of Section 76 of the Punjab State Election Commission Act, 1994 (for short "the Act"). The delay in filing of the election petition cannot be condoned. However, in the writ petition, filed by the Appellant three weeks time was granted to him on November 5, 2008 for filing the election petition. The Appellant having not filed the election petition within the permissible time, the same has rightly been dismissed by the Tribunal. He further submitted that even after the order was passed on the election petition, the Appellant filed Civil Misc. No. 3264 of 2009 in the already decided Civil Writ Petition No. 13701 of 2008 seeking extension of time, which was dismissed on February 20, 2009, rejecting the prayer of the Appellant. However, it was observed that the Appellant may challenge the order by way of appeal which can be filed before this Court.