Point of Law: Election Petition - Barred by limitation - In absence of any provision made in the Act for condoning delay in filing election petition, Chief Judge had no power to condone the delay in filing the election petition beyond the period of limitation prescribed in law.

JUDGMENT :

1. Heard Sri Ajeet Kumar Shukla Advocate along with Sri Anil Kumar Chaurasia learned counsel appearing on behalf of the petitioner and learned Standing Counsel for the respondents.

2. The petitioner has preferred the present petition with the prayer to quash the order dated 14.09.2020 passed by the First Additional District Judge, Chandauli.

3. Facts in brief as contained in the petition are that State of U.P. notified the election of Chairman, Nagar Palika Parishad, Mugal Sarai District Chandauli on 12.10.2017. The aforesaid seat was reserved for Scheduled Castes Community. The petitioner as well as respondent No.2 namely Santosh Kharwar participated in the aforesaid election. The result of the aforesaid election was declared on 01.12.2017 in which respondent No.2 was declared successful.

4. Aggrieved with the aforesaid result, election petition which was numbered as Misc. Case No.5 of 2018 was preferred by the petitioner in the Court of First Additional District Judge, Chandauli in the Month of January, 2018. Objections were filed by the respondent No.2 in the aforesaid election petition. Apart from the various objections one of the objection was taken by the respondent No.2 that election petition was filed by the petitioner is barred by limitation. After hearing learned counsel for the parties, the election petition was rejected by the First Additional District Judge, Chanduli vide order dated 14.09.2020. Hence the present petition.

5. The election petition was dismissed solely on the ground that the same was not preferred within the time limit prescribed in Sections 20 and 22 of the U.P. Municipalities Act, 1916 (hereinafter referred to as “the Act, 1916”). It is provided under Section 20 of the Act, 1916 that election petition shall be presented within 30 days after the day of which the result of the election sought to be questioned is announced by the Returning Officer. Section 22 of the Act, 1916 provided that election petition not complying with the provisions of Section 20 or upon which the requisite court fee has not been paid at the time of presentation or in such further time not exceeding fourteen days, the District shall be rejected the election petition.

6. Section 20 and 22 of the Act, 1916 are reproduced below:-

"Section 20:-

From and presentation of election petitions:- An election petition shall be presented within 30 days after the day of which the result of the election sought to be questioned is announced by the Returning Officer, and shall specify the ground or grounds on which the election of the respondent is questioned and shall contain a concise statement of the material facts on which the petitioner relies and set for the full particulars of any corrupt practices that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practices and the dates and place of the commission of each such practice.

(2) The petition shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (V of 1908), for the verification of pleadings.

(3) The petition may be presented by any candidate in whose favour votes have been recorded and who claims in the petition to be declared elected in the room of the person whose election is questioned or by ten or more electors of the municipality or by a person who claims that his nomination paper was improperly rejected.

(4) The person whose election is questioned and, where the petitioner claims that any other candidate should be declared elected in the room of such person, every unsuccessful candidate who is not a petitioner in the petition shall be made a respondent to the petition.

(5) The petition shall be presented to the District Judge exercising jurisdiction in the area in which the municipality, to which the election petition relates, is situate:

Provided that the petition shall not be entertained by the District Judge unless it is accompanied by a trea