M. Ramachandran, J.

The petitioner has filed an Election Petition, under S.59 of the Kerala Panchayat Raj Act, to get the election of the first respondent set aside. The election for Trikaripur Grama Panchayat was held on 27.9.2000 and the results were declared on 28.9.2000. The first respondent was declared elected as a member from Ward No. VII. The petitioner had filed an election petition on 8.11.2000 before the Munsiff's Court, Hosdurg. Thus, it was filed beyond the time prescribed under the Act. Taking note of the above, the learned Munsiff has dismissed the election as barred by limitation, evidenced by Ext. P3.

2. The petitioner challenges the above said order as the petitioner submits that sufficient reasons were given for condoning the delay in filing the election petition and art application under S.5 of the Limitation Act was maintainable.

3. I had heard the Standing Counsel for the Election Commission. He has submitted that there is no provision in the Kerala Panchayat Raj Act for condoning the delay in filing an election petition as the time prescribed is absolute. An election petition has to be filed within 30 days of the declaration of results, under S.59 of