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2023 Supreme(Pat) 1314

HARISH KUMAR
Ajay Kumar son of Lalan Sharma – Appellant
Versus
State Election Commission through its Chief Election Commissioner Bihar Patna – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Mukesh Kumar No 1, Advocate
For the Respondent:Mr. P.K. Verma, AAG-3, Mr. Prakash Chandra Jha, Advocate, Mr. Rajesh Kumar Choudhary, Advocate For the SEC:Mr. Sanjeev Nikesh, Advocate Mr. Girish Pandey, Advocate

JUDGMENT :

HARISH KUMAR, J.

Heard the parties.

2. The petitioner who had unsuccessfully contested the Gram Panchayat Election, 2021for the post of Mukhiya from Ratni Faridpur Gram Panchayat Election, which was held on 08.10.2021 filed the present writ petition seeking quashing of the order dated 10.01.2022 passed in Election Petition Case No. 25 of 2021 by the Civil Judge (J.D.) Election Tribunal Jehanabad whereby and whereunder the election petition has been dismissed on the point of admission being time barred.

3. The petitioner further sought a direction upon the Election Tribunal, Jehanabad to adjudicate the election petition on its own merit and pass an appropriate order in accordance with law.

4. The only point for consideration which has been posed before this Court is with regard to the applicability of Limitation Act to the proceeding relating to election dispute or as to whether the point of limitation shall be counted with effect from the date when the cause of action has arisen or shall be guided by the Rule 106 of the Bihar Panchayati Election Rules, 2006, (hereinafter referred to as Rule, 2006), which prescribes that an election petition against any elected candidate may b

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