HEMRAJ MEENA Vs. BRIJ MOHAN SHARMA

JUDGEMENT

(1.) The instant petition is directed against order dt 24.9.2016 passed by Civil Judge (Sr. Div.), Kota, in Election Petition No.04/2015, whereby the application filed under Order 7, Rule 11 read with Sec. 151 Code of Civil Procedure has been dismissed.

(2.) The brief facts noticed are that election was conducted of Sarpanch under the Rajasthan Panchayati Raj (Election) Rules, 1994, and admittedly the result was declared on 1.2015 and election petition came to be filed by the respondent on 3.3.2015. An application under Order 7, Rule 11 Code of Civil Procedure was filed on two premises, inter alia, claiming that -

(3.) The trial court vide the impugned order noticed that the day of declaration of result is to be excluded and taking into consideration the fact that the month Feb. had only 28 days, the limitation of 30 days was to be over on 2015 and admittedly the revision petition was filed on 2015 itself and thus concluded that the election petition is within time and the objection raised by the petitioner was rejected.