Bombay High Court
Shankar Sadu Pawar
Versus
Babu Laxman Dalvi
Decided On:

Headnote:Limitation Act, 1963

       Section 4-See Bombay Village Panchayats Act, 1958, Section 15 (1), (2)

       Bombay Village Panchayats Act, 1958

       Sections 15(1) and (2)-Limitation Act, 1961, Section 4-General Clause Act, 1897, Section 11-Election of gram panchayat-Election petition against declaration of result-limitation-Prescribed period of 15 days expired-Civil Court closed for summer vacation-Petition not filed on day Court reopened but on next day Petition barred by time.-It is, thus provided in Section 11 of General Clauses Act that where any proceeding is directed to be taken in any Court or office on a certain day by any Bombay Act or Maharashtra Act or within the prescribed period and if the Court or office is closed on that day or the last day of the prescribed period and if the proceeding is taken on the day the office or Court reopens, it is deemed to be taken in due time.

       In the present case, the election of gram panchayat was declared on 19th May, 1995. The limitation prescribed for determination of validity of election is 15 days from the date of declaration of result of the election. On the day, the prescribed limitation expired, the Court of Civil Judge was closed due to summer vacation. The Court of Civil Judge reopened on 5th June, 1995. However, the election petition was not filed on that day but was presented on 6th June i.e., one day after reopening of the Court of Civil Judge. Thus, the election petitioner is not entitled to the benefit under Section 11 of General Clauses Act and it cannot be said that the election petition filed on 6th June, 1995 was within time.

       For Citation : (1999) 101 (3) Bom LR 689