Geeta Devi vs State Election Commission (Panchayat)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Pat) 492

K. VINOD CHANDRAN, HARISH KUMAR
Geeta Devi – Appellant
Versus
State Election Commission (Panchayat) – Respondent

Advocates:
For the Appellant : M/s Y.V. Giri, Sr. Adv., Devashish Giri, Roshan Mishra.
For the Resp No.7 : Mr. S.B.K. Mangalam.
For the S.E.C. : Mr. Ravi Ranjan.

K. Vinod Chandran, CJ.—The appellant is aggrieved with the judgment dated 15.02.2024 passed in C.W.J.C. No. 17015 of 2023, by the learned Single Judge, which directed consideration of limitation in filing the election petition, as has been held in Anil Kumar Jha vs. State of Bihar [(2010) 4 PLJR 475].

2. The petitioner is aggrieved with the fact that the present election petition was filed when the COVID-19 Pandemic was surging throughout the country and hence the Hon’ble Supreme Court had also directed the extension of the period of the limitation. If at all, there was only five days delay in filing the election petition is the specific contention taken.

3. We have heard, Mr. Y.V. Giri, learned Senior Counsel, for the appellant, Mr. S.B.K. Mangalam, learned counsel for the 7th respondent and Mr. Ravi Ranjan, for the State Election Commission.

4. The brief facts, required to be looked into are that, the election to the Zila Parishad Territorial Constituency No.- 20(7/1) was conducted and results were declared on 26.10.2021. An election petition had to be filed within thirty days i.e. on or before 24.11.2021. As per the decision in Anil Kumar Jha (supra), there could be no election pet

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