ORDER :

1. This civil revision has been preferred by the applicant herein/returned candidate under Section 441-F (2) of Chhattisgarh Municipal Corporation Act, 1956 (hereinafter referred as “the Act of 1956”) against the impugned order dated 05.02.2019 passed by the learned District Judge, Raipur in Election Petition No. 3/2015 by which his election on the post of Councillor of Ward No. 34 (Guru Govind Singh Ward) Municipal Corporation Raipur held on 04.01.2015 has been set aside and non-applicant/respondent No. 1 herein has been declared elected on the said post. The question of law that emanates for consideration in this civil revision as under:

“Whether the Election Tribunal constituted under Section 441(2) of the Act of 1956, has power and jurisdiction to condone the delay in presenting the Election Petition under Section 441(3)(i) of the Act of 1956?”

Brief facts:

2. The applicant herein was declared elected as Councillor from Ward No. 34 (Guru Govind Singh Ward) of Municipal Corporation Raipur, on 04.01.2015. Election Petitioner/ non-applicant No. 1 preferred an election petition under Section 441 (2) of the Act of 1956, before the Election Tribunal (Principal Civil Court of orig