ISRIAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) INSTANT writ petition has been filed under Articles 226/227 of the Constitution of India for setting aside the order dated 13th October, 2011, passed by the Additional Civil Judge (Senior Division), Hathin, exercising the powers of Election Tribunal under the Haryana Panchayati Raj Act 1994 (here -in -after referred to as the Act), whereby the election petition filed by the petitioner has been dismissed.

(2.) BRIEF facts of the case are that election for the post of Sarpanch of Gram Panchayat of village Mohdamaka was held on 10th June, 2010. The result was declared on that very day. The petitioner filed an election petition, under Section 176(1) of the Act for challenging the validity of the election of Sarpanch after the stipulated period of 30 days from the date of declaration of the result. The election petition before the Civil Court, exercising the powers of Election Tribunal, was filed on 17th July, 2010 after expiry of 30 days of limitation prescribed under the Act. It was the case of the petitioner before the Civil Court that he could not file the election petition in time since the Court was on vacation till 15th July, 2010 and it opened on 16th July, 2010 and on that very day, the election petition could not be filed. However, same was filed on 17th July 2010. It was also one of the grounds that on 16th July, 2010, the advocates were on strike, which resulted in delay and application for condonation of delay was also filed.

(3.) I have heard learned counsel for the petitioner.