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2002 Supreme(SC) 107

G.B.PATTANAIK, R.P.SETHI
Shaik Saidulu Saida – Appellant
Versus
Chukka Yesu Ratnam – Respondent


JUDGMENT

Sethi, J.-Leave granted.

2. Both the appeals are filed against the similar orders of the High Court by which the election petitions filed by the appellants under Section 71 of the Hyderabad Municipal Corporation Act, 1955 (hereinafter referred to as "the Act") were dismissed on the ground that such petitions were barred by limitation. The High Court held that the provisions of Section 671 of the Act were not applicable to an election petition filed under Section 71 of the said Act. To arrive at such a conclusion, the High Court held that applications, referred to in Section 671 of the Act, did not include within its ambit, an election petition, as provided under the Act vide Section 71. The only question of law, argued before us, which would decide the fate of the appeals, is as to whether Section 5 of the Limitation Act is applicable to the election petitions filed under the Act or not.

3. The facts giving rise to the filing of the appeals are that the appellant Shaik Saidulu @ Saida (in Civil Appeal arising out of SLP 8034 of 2001) filed nomination for the post of Mayor of Guntur Municipal Corporation on behalf of Indian National Congress Party on 21.2.2000. Upon scrutiny























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