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1973 Supreme(Mad) 390

T.RAMAPRASADA RAO
Thavasikani Nadav – Appellant
Versus
The Election Commissioner (Principal District Munsif of Ambasamudram), Ambasamudram Village and Taluk, Tirunelveli District and another – Respondent


Advocates:
J. Samuel, for Petitioner.
K. Hariharan and S. Gopalarathnam, for Respondents.

Order: — The proceedings in this writ petition arise out of an order passed by the District Munsif, Ambasamudram, as an Election Commissioner, constituted under the provisions of the Tamil Nadu Panchayats Act, 1958. An election was held to choose the Chairman of the Panchayat Union, Kalakad on, 13th August, 1970. The petitioner and the respondent were the contestants. The respondent secured nine votes and the petitioner eleven votes. The petitioner was declared elected as the Chairman. The respondent apparently desired to file an election petition. Under the rules, an election petition had to be filed within 15 days from the date of declaration of the result of the election. The election petition was filed on 27th November, 1970, nearly three months after the expiry of the prescribed period of limitation. When the respondent filed such an application before the Election Commissioner and pleaded that his failure to file the election petition in time was not wilful and that he was prevented from sufficient cause f’orm filing it in time. The reasons given by the respondent for filing the election petition beyond the prescribed time were accepted as bona fide reasons and the delay in t











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