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NEERAJ TIWARI
Sanjay Singh – Appellant
Versus
Abhay Pratap Singh – Respondent
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 dat
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.
The Representation of People Act, 1951 mandates strict adherence to the limitation period for filing election petitions, and non-compliance results in dismissal without consideration of merits.
The limitation period for election petitions under the Representation of the People Act is strict and cannot be extended, and claims of fraud must be substantiated with evidence.
The provisions of Section 5 of the Limitation Act do not apply to election petitions under the U.P. Municipalities Act, as governed by special procedural laws.
The court established that the filing of an election petition must be strictly interpreted in accordance with the statutory time limits, and procedural delays in registration do not invalidate a time....
Election petitions must comply with mandatory provisions of the Representation of the People Act, 1951, including timely filing and joining necessary parties, or they will be dismissed.
The election petition was dismissed for being filed beyond the 45-day limit set by the Representation of People Act, 1951, with no provision for condonation of delay.
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 ele....
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