The Limitation Act, 1963 does not apply to election petitions under the U.P. Kshettra Panchayat and Zila Panchayat Act, and petitions filed beyond the specified timeframe are not maintainable.

JUDGMENT :

Hon'ble Neeraj Tiwari, J.-Heard learned Sri Birendra Singh, learned counsel for the petitioner, Sri Prabhakar Awasthi, learned counsel for the respondent No. 1, Sri K.P. Singh, learned counsel for the respondent No. 3 and Sri S.K. Singh, learned Additional Chief Standing Counsel for the respondent Nos. 2, 4 and 5.

2. Present petition has been filed for setting aside the impugned order dated 29.5.2024 passed by learned Additional District Judge, Court No. 1, Fatehpur whereby application 7C2, under Section 5 and 14 of Limitation Act in being Misc. Case No. 70/74/2023 (Sanjay Singh v. Abhay Pratap Singh and others) has been rejected in Election Petition, under Section 14 of U.P. Kshettra Panchayat and Zila Panchayat.

3. Brief facts of the case are that the State Election Commission, Uttar Pradesh pursuant to notification dated 26.3.2021 issued information vide letter No. 726 dated 26.3.2021 for holding general elections in all the Gram Panchayat in District Fatehpur for the members of Zila Panchayat Village Panchayat and date for casting the vote was fixed as 2.5.2021, in which respondent No. 1 was elected as Member, Zila Panchayat, Fatehpur. Subsequently vide notification dated 15.6.2021 State Election Commission, Uttar Pradesh issued notification No. 520 dated 16.6.2021 for holding elections for the post of Chairman, Zila Panchayat, Fatehpur. As per the Schedule, date for holding the election was fixed on 3.7.2021. The result of general election for Chairman, Zila Panchayat, Fatehpur was declared on 3.7.2021 declaring the winning candidate and certificate dated 3.7.2021 was also issued. Petitioner has earlier preferred Public Interest Litigation (PIL) No. 1396 of 2023 before this Court for a writ, order or direction in the nature of mandamus cancelling the election of Member, Zila Panchayat, Fatehpur, so far as it relates to respondent No. 1. The said PIL was dismissed vide order dated 12.6.2023. Thereafter, petitioner has preferred election petition being Misc. Case No. 70/74 of 2023 for declaring the respondent No. 1 disqualified for the post of Member, Kshetra Panchayat and further for the post of Chairman, Zila Panchayat, Fatehpur. The said case was heard and ultimately dismissed on the ground of limitation, hence present petition.

4. Learned counsel for the petitioner submitted that respondent No. 1 has contested the election of Member of Zila Panchayat, Ward No. 36, Teni, Tehsil Khaga, District Fatehpur in the year 2021 and later on, he was also elected as Chairperson of Zila Panchayat, Fatehpur. Before contesting the election, respondent No. 1 had adopted Buddhism, but while filing nomination, he has shown himself as Kshatriya Hindu for getting the benefit of majority votes. He next submitted that law is settled that after conversion of religion, caste of a person is lost and he cannot get the benefit of his original cast. Election of respondent No. 1 was based on false caste certificate, therefore, petitioner has challenged the same by filing Public Interest Litigation (PIL) No. 1396 of 2023, which was dismissed vide order dated 12.6.2023 leaving it open for petitioner to pursue available remedy. At this stage, he has filed Election Petition No. 70/74 of 2023 under Section 14 of the U.P. Kshettra Panchayat and Zila Panchayat Act, 1961 (hereinafter, referred to as, 'Act, 1961') to disqualify the respondent No. 1 from the post of member Kshettra Panchayat, Fatehpur and further from the post of Chairperson of Zila Panchayat, Fatehpur on the ground of filing false affidavit in the election of Zila Panchayat, 2021. He next submitted that in the aforesaid election petition, respondent No. 1 has also filed objection. Application 7C2 filed alongwith the election petition was rejected vide impugned order dated 29.5.2024 with the finding that petitioner cannot get the benefit of Section 5 and 14 of the Limitation Act, 1963 (hereinafter, referred to as, 'Limitation Act') and the provision of Limitation Act shall not be appl