CiteTEXT
..., the writ petition is disposed of directing the
Respondent No. 2 to accept the election petition, if filed by the
petitioner and decide the same strictly in accordance with law..
It is made clear that Cou...been filed with the following prayer:-
"(I) Issue a writ order or direction in the nature of mandamus
commanding and directing the respondent no. 2 to entertain the election
petition u/s 12-C of...according to law."
Learned Standing Counsel submitted that there is no occasion
for respondent No. 2 not to accept the election petition of
petitioner. He further submitted that in case any such...
...accept the election petition, if filed by the
petitioner and decide the same strictly in accordance with law..
It is made clear that Court has not condoned the delay in filing
...and it is upon respondent No. 3 to consider and
decide the election petition alongwith delay condonation
application strictly in accordance with law, if filed.
Order Date :- 7.1.2022
Sartaj
Neutral ...accept the election petition, in case
petitioner files the same.
Learned Standing Counsel submitted that in case any such
election petition is filed by the petitioner, the same shall be...
...provisions contained in Section 5 of the Limitation Act do not apply to the Election Petitions, therefore, delay in filing...Act and consequently, the Election Petition filed under Section 122 of the C.G. Panchayat Raj Adhiniyam, 1993 has been dismissed, as barred by limitation...be condoned.
4. In the considered opinion of this Court, the Election Tribunal i.e. the Sub Divisional Officer (Revenue), Sakti Ditrict Jangjir-Champa, has not...
...Radhakrishnan, J.:— The question that has come up for consideration in this case is whether Sec. 5 of the Limitation Act would apply for condoning the delay in filing ...condoning delay in filing the Election Petition under Sec. 89 of the Kerala Panchayat Raj Act.6. Counsel appearing for the appellant-writ petitioner submitted...election petition which does not comply with the provisions of Sec. 89 or Sec. 90 or Sec. 115. Statute does not confer any power to any of the authorities to condone delay in filing an election...
...Panchayat Raj Act, is empowered to condone the delay in filing Election Petition beyond the period prescribed under Rule-3 of U.P Panchayat Raj (Settlement of Election Dispute) Rules, 199...relating to the dispute regarding election and, therefore, the order passed by the Prescribed Authority as well as by the Revisional authority, condoning the delay in filing Election Petition long...filing of election petition or their trial and in this view, it is unnecessary to consider whether there are any merits in the application for condonation of delay.”7. The relevant...
...Election Misc. Case No. 11 of 2012, condoning the delay in filing the election petition by the opposite party.On perusal of the impugned order it is seen that the result of the...Ward No. 16 of Machhagaon Gram Panchayat, the opposite party filed election petition before the Civil Judge (Jr. Division), Jagatsinghpur, on 20.03.2012, along with an application for condonation of delay of 13 days ...petitioner was suffering from typhoid and was confined to bed from 06.03.2012 to 19.03.2012, as per the medical certificate filed has condoned the delay of 13 days in filing the election petition....
...25.02.1997 and the election petition was filed on 26th March, 1997. The election petition was delayed by fourteen days. Accordingly, an application was made under Sec.5 of the Indian Limitation Ac...Section 5 of Limitation Act does not apply to filing of such election petition under Section 33(1) of B.M.C. Act....SC 1371. Mr. Maniyar would also urge that Court is not powerless in extending the time in filing election petition if for justifiable reason election petition could not be filed by th...
...before the High Court that the election petition was filed within time, that contention was not pressed before us. The only contention taken before us was that there was sufficient cause to condone the delay in ...election petition. As we are unable to accept that contention we are not examining the question whether the High Court had any power to condone the delay in filing the election..., turning to the facts of this case, in the application filed for the condonation of delay only reason advanced is that the petitioner believes that he has filed his election petition within time but if the court t...
...section 5 of the Limitation Act, 1963 (“Limitation Act”) read with section 151, CPC, arising out of Title Suit (Election Petition) No. 27/2015, wher...elected from the said Constituency, was allowed.4. Mr. Sarania has submitted that rule 78(3) of the Election Rules is very specific that the election petition is required to be pre...petition under the Election Rules and, therefore, the learned District Judge committed jurisdictional error in condoning the delay of 29 days in filing the...
...paper book. The delay in filing the election petition has been explained in the objection to the Munsarim report.
Submission is that the objection filed by the petitioner to the...on 11.1.2015 and within seven days time an election petition was to be filed in case any dispute was raised by the petitioner. The election petition was presented on 21.1.2015 i.e. after a period of ten da...objection to the Munsarim report would be sufficient explanation for the delay in filing the election petition and hence he did not file a proper application under Section 5 with the election ...
...filing this Election Petition under Sections, 80, 80-A and 81 of the Representation of the People Act, 1951 (hereinafter referred to as “the Act”).Admittedly, the Election ...the petitioner submits that the delay of 8 days in filing the Election Petition may kindly be condoned.Section 81 of the Act makes provisions for presentation of the petitions. Sub...power of the Court can be exercised to condone the delay in filing the Election Petition on any ground at all. Therefore, any application for condonation of delay in filing the ...
...Section 14 of the Limitation Act, 1963 and by excluding the said period, the instant election petition is within limitation. It was also contended th....Election was held on 26.05.2008 Election petition (Annexure P-4) was instituted on 04.05.2010 Limitation period for filing the election petition is admittedly 45 days. Consequentl...the election petition does not arise because delay in filing the...
....
4. The relief, as claimed by the petitioner, cannot be granted to the
petitioner since the Election Petition has yet not been registered.
5. Contention of learned counsel for the petitioner is that opposite party...election petition is pending consideration. Learned
counsel prayed that the same may be decided expeditiously.
6. In view of the above, let application for condoning the delay in filing t...."
3. From the perusal of order sheet, it appears that Election Petition has
been filed along with application u/s 5 of the Limitation Act and has been
registered as Misc. Case No.140/2023...
...determination in this writ petition is whether the delay in filing an election petition under Section 21 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships A...respondent No.1 by filing election petition under Section 21 of the said Act on 09/01/2017. Along with the election petition an application for condonation of delay was filed. According to the pet...thus prayed that the delay of eight days in filing the election petition under Section 21 of the said Act be condoned.
3. The respondent No.1 filed her reply and opposed t...
...Panchayat (Elections) Act and Rules, 1955 respectively. Further, in this case, when legislature have given 45 days from the date of publication of the result of the election for filing election petition, t...no power for condoning the delay in filing election petition after the expiry of the time limit given under Section 258 r/w Rule 123(1) of the Tamil Nadu Panchayat (Election) Act and Rules, 1955. ....
5. In his further submission, he urged before this Court to dismiss the writ petition as he has got effective and alternative remedy by way of filing the election petition under Section 258(1...
...Section 5 of the Indian Limitation Act read with Section 151 CPC for condoning the delay of two days in filing the election ...his sickness only on 25.6.1996 and came to the counsel for putting the signatures. It was in these circumstances that there was delay of two days in filing the election petition.2. ...Section 5 of the Limitation Act has not application to the election petition. He, however, submitted that under ...
...petitioner filed application challenging the election of the returned candidate, which was registered as Election Petition No. 28 of 2001. The election petition presented by the election petitione...petition one of the issues framed was as follows:—Is the court competent to condone the delay in filing this election petition under...answered the same in favour of the election petitioner and against the returned candidate. While doing so, the learned Munsif observed that once his predecessor-in-office had condoned the delay in ...
...1. Heard.2. The petitioner has challenged the order dated 3.9.2007 of the election tribunal (Sub-Judge, Bhojpur, Arrah) in Election Case No. 12 of 2006 by which she has sought to condone the ...Section 5 of the Limitation Act to condone the delay in filing the election petition.6. On behalf of petiti...Act was to apply.7. In that view of the matter, Section 5 of the Act having no application to original proceedings. It would not apply to election petition. That being so and...
...respondent herein filed an Election Petition challenging the election of petitioner before Prl. District and Sessions Judge at Hassan in E.P No. 2/08 under Sec. 21 of the Karnataka Municipalities ...learned counsel for the petitioner submits that the Election Petition under Sec. 21 of the Act is required to be filed within 15 days from the date of declaration of election. He contends that there is no provision under th...ORDERIn this writ petition the petitioner has prayed for writ in the nature of certiorari to quash the orders dated 7-2-2009 and 20-2-2009 in E.P No. 2/08 passed by the Prl...
...did not file the said writ petition and instead thereof, filed an election petition before the Election Tribunal challenging the election of said Vipan Kumar. Since in the process of taking the af...Tribunal, on one pretext or the other, is adjourning the case without deciding the application for condonation of delay and entertaining the election petition filed by him. In these circumstances, the petitioner ha...application for condonation of delay in filing the election petition, in accordance with law, by taking into consideration the provisions of the Election Commission Act...