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2001 Supreme(AP) 453

G.BIKSHAPATHY, B.SUBHASHAN REDDY
Chukka Yesuratnam – Appellant
Versus
Shaik Saidulu Saida – Respondent


G. BIKSHAPATHY, J.

( 1 ) THIS Civil Revision Petition is filed under Article 227 of the Constitution of india assailing the Order dated 10-11-2000 passed by the Election Tribunal, Hyderabad in I. A. NO. 6 of 2000 in E. P. No. 7 of 2000.

( 2 ) THE 1st respondent filed election petition in E. P. No. 7 of 2000 questioning the election of the petitioner herein - Mayor of the Municipal Corporation, Guntur. He also filed Interlocutory Application in I. A. No. 6 of 2000 under Section 5 of the Limitation act seeking condonation of delay of 42 days in filing the Election Petition. The said application was heard by the Election tribunal and by order dated 10-11-2000 the delay was condoned. The validity of the said order is challenged in this revision petition.

( 3 ) LEARNED Counsel for the petitioner submits that there is no power vested with the Election Tribunal to condone the delay in filing the Election Petition and that section 5 of the Limitation Act is not applicable to the Election Petition, which is a Original Proceeding; therefore, the order of the Election Tribunal is illegal and liable to be set aside. He takes recourse to section 71 of the Hyderabad Municipal corporations Act, 1





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