MOJIRAM MEENA Vs. MUKESH KUMAR MEENA

JUDGEMENT

(1.) The two petitions under consideration agitate an identical legal issue and hence are being disposed of by this common judgment SBCWP No.4701/2016 titled Shanti v. Savitri is taken as the lead case and its facts adverted to.

(2.) Under challenge is the order dated 22.02.2017 passed by the Civil Judge, Rajgarh, Distt. Alwar holding the election petition filed by the respondent-election petitioner (hereinafter 'election petitioner') on 18.02.2015 against the petitioner-returned candidate's (hereinafter 'returned-candidate') election as Sarpanch on 18.01.2015, within limitation and hence not liable to be rejected under Order 7, Rule 1 CPC as barred by law.

(3.) Mr. Manoj Bhardwaj, counsel for the returned-candidate submitted that Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (hereinafter 'the Rules of 1994') provides that an election to a Panchayati Raj Institution may be called in question by any candidate at such election by presenting a petition to the District Judge having jurisdiction within thirty days from the date of which the result of such election is declared. He submitted that as the limitation for filing of an election petition under Rule 80 of the Rules of 1994 is a special limitation, the Limitation Act, 1963 does not apply for filing of election petitions thereunder. In this view of the matter the election petition against result declared on 18.01.2015 by which the returned-candidate was elected as Sarpanch, filed on 18.02.2015 being beyond the 30th day from the date of declaration of the result deserved dismissal for not being maintainable and hit by limitation. He further submitted that even Section 10 and 11 of the Rajasthan General Clauses Act, 1955 (hereinafter 'the Act of 1955') do not attract to election petitions filed under Rule 80 of the Rules of 1994 as is evident from the fact that the Rajasthan Panchayati Raj Act, 1994 (hereinafter 'the Act of 1994') and the Rules of 1994 thereunder were framed subsequent thereto and yet no lee way on limitation in filing elections with reference to and analogy of the said provision given. Hence the limitation of 30 days for filing of election petitions from date of declaration of result, in respect of elections to the Panchayat Raj Institutions is to be mathematically construed and cannot be extended by application of Section 10 and 11 of the Act of 1955. And were it so the period of limitation under Rule 80 of the Rules of 1994 would stand extended beyond 30 days contrary to the specific legislative intent evinced on a plain reading thereof.