PARKASHO Vs. BHOLI DEVI

JUDGEMENT

(1.) The election petition along with application for condonation of delay filed by the appellant having been dismissed by the learned Court below vide orders dated 28.7.2011 and 4.8.2011, the same are impugned before this court. Briefly, the facts are that election for Sarpanch of village Tappi, Tehsil Dabwali, District Sirsa was held on 6.6.2010. The appellant, being aggrieved, challenged the same before the learned court below on the ground that some forged and bogus votes were casted in favour of the elected candidate. The petitioner Parkasho initially challenged the election of Sarpanch by filing CWP No. 11997 of 2010 Parkash Devi and others v. State of Haryana and others in this court. The same was dismissed as withdrawn on 12.7.2010 with liberty to file election petition. Thereafter, the petitioner filed election petition along with application for condonation of delay before the learned court below. Application for condonation of delay was dismissed on 28.7.2011, consequently, the election petition was also dismissed on account of delay vide order dated 4.8.2011. These orders are impugned before this court.

(2.) Learned counsel for the petitioner submitted that in fact, there was no delay in filing of election petition. The result of election was declared on 6.6.2010. The petitioner filed Civil Writ Petition No. 11997 of 2010 before this Court, which was dismissed as withdrawn on 12.7.2010 with liberty to the petitioner to file election petition. Immediately thereafter, on 28.7.2010, the election petition was filed before the court below. When the petitioner was pursuing her remedy before this court in writ jurisdiction, the period spent therein should have been excluded for the purpose of consideration of period for filing the election petition before the court below.

(3.) Heard learned counsel for the petitioner and perused the paperbook.