KARTAR SINGH Vs. MUKAND SINGH

JUDGEMENT

(1.) THIS is a writ application by Kartar Singh under Arts. 226 and 227 of the Constitution of India.

(2.) THE petitioner's case is that he was elected Sarpanch of Gram Panchayat, Chak Bhagsar in an election which was held on the 10th of June, 1958. He was declared elected as Sarpanch on the same day by Returning Officer. On the 16th of October, 1958, the non-petitioner No. 1, Shri Mukand Singh, filed against him an election petition before the Collector of Ganganagar, non-petitioner No. 2. Non-petitioner No. 2 sent that application to the Sub-Divisional Officer, Ganganagar for an inquiry and report. On the 22nd of January, 1958, the Sub-Divisional Officer submitted his report to the Collector. It was opined by the Sub-Divisional Officer that the application of non-petitioner No. 1 was time barred. Non-petitioner No. 2, however, held on the 29th of April, 1959, that the petition was within time and remanded the case back to the Sub-Divisional Officer for further inquiry and report. THE petitioner seeks to challenge the correctness of the Collector's said order, dated the 29th of April, 1959. It is urged by the petitioner's learned counsel that according to R. 19 of Rajasthan Panchayat Election Rules, 1954, the time prescribed for presenting an election petition was 15 days from the date of the notification under R. 18, but this rule was amended with effect from the 8th of September, 1958, and according to the changed rule, 15 days' period is to be computed from the date of the declaration of the result. According to learned counsel, the result of the election was declared on the 10th of June, 1958, and therefore (according to the amended rule), the election petition ought to have been presented within 15 days from that date and since it was not presented within that period, it was time barred. It is further contended by learned counsel that non-petitioner No. 2 has committed an error of law in holding that the amendment of the rule on the 8th of September, 1958 could not have a retrospective effect. It is urged by learned counsel that it is well-settled that the law of limitation which is to apply to a particular case is the law in force on the date on which the suit or application is filed and, therefore, according to him, it was the amended rule which applied to the present case and not the old rule.