BIRENDRA KUMAR Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) Petitioner as also respondent No. 4 contested for election to the office of the Mukhiya of Gram Panchayat, Katchore for which the election was held on 19.4.2001. In the said election, petitioner (hereinafter referred to as the returned candidate) was elected Mukhiya and respondent No. 4 (hereinafter referred to as the election petitioner) lost. Election petitioner filed application challenging the election of the returned candidate, which was registered as Election Petition No. 28 of 2001. The election petition presented by the election petitioner was barred by limitation but the learned Munsif by order dated 11.7.2001 condoned the delay in its filing, on an application filed by the election petitioner under Section 5 of the Limitation Act and thereafter transferred the case to the Court of 2nd Additional Munsif for trial. During the trial of the election petition one of the issues framed was as follows : "Is the Court competent to condone the delay in filing this election petition under Section 5 of the Limitation Act?

(2.) The aforesaid issue was taken up for consideration by the learned Munsif as a preliminary issue and by order dated 6.3.2002 answered the same in favour of the election petitioner and against the returned candidate/While doing so, the learned Munsif observed that once his predecessor-in-office had condoned the delay in filing the election petition, it has no jurisdiction to review/rescind the said order.

(3.) It is this order of the learned Munsif which has been assailed in the present application and prayer has been made to issue a writ in the nature of certiorari quashing the order dated 6.3.2002 passed by the 2nd Additional Munsif, Sitamarhi in Election Petition No. 28 of 2001.