GANPATRAM Vs. RAMJAS

JUDGEMENT

(1.) Petitioner-non-applicant has laid this writ petition under Articles 226 & 227 of the Constitution of India to assail the impugned order dated 14.10.2015 (Annex.6) passed by learned Additional Senior Civil Judge-cum-Election Tribunal, Bikaner in Election Petition No.33/2015 laid by the respondent.

(2.) Facts in brief are that petitioner was elected as Sarpanch of Gram Panchayat, Manasar, Panchayat Samiti, Kolayat District Bikaner on 24.01.2015. The election of petitioner as Sarpanch is challenged by the respondent - defeated candidate by laying election petition under Section 43 of the Rajasthan Panchayati Raj Act, 1994 (for short the 'Act of 1994') read with Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (for short 'the Rules of 1994'). After filing of the election petition on behalf of the petitioner, an application under Order 7, Rule 11 read with Section 151 CPC is filed precisely on the ground that election petition is barred by limitation inasmuch as respondent has deposited requisite amount of Rs.500/- as security before the Election Tribunal after expiry of period of limitation. As per the version of petitioner, the last date for depositing the requisite amount was 22.02.2015 whereas the amount aforesaid was deposited on 23.02.2015, therefore, election petition is barred by limitation and merits rejection on the anvil of Clause (d) of Rule 11 Order 7 CPC.

(3.) The application is contested by the respondent and reply to the same is filed stating therein that application is filed to prolong the proceedings in the election petition.