HARENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and the State.

(2.) THE petitioner alleges irregularities in counting of votes leading to his defeat. It is not in controversy that the process of election has been completed on 17.11.2006.

(3.) THE petitioner came to this Court on 29.11.2006, well within the limitation of thirty days under the Panchayat Rules. In (1996)6 SCC 199, Danda Rajeshwari vs. Bodavuia Hanumayamma & Ors., the Supreme Court upheld the order of the High Court rejecting the writ petition in view of the proper remedy being an election petition. The Supreme Court further found no infirmity in the order of the High Court granting liberty to file an election petition within three weeks from the date of the order and if the same be filed the election petition was to be entertained and disposed in accordance with law without going into the question of limitation. In the aforesaid case the matter also related to Panchayat elections and the order of the High Court was upheld on the ground that the writ petition had been preferred well within limitation.