The provisions of Section 5 of the Limitation Act do not apply to election petitions filed under the Municipalities Act, as the Act and the election petition rules constitute a complete and self-contained code for the filing and trial of such petitions.

R.S. Garg, J.

1. By this revision petition, the petitioner challenges the correctness, validity and propriety of the order dated 27.9.96, passed by the Additional District Judge, Sakti (election tribunal constituted under Section 20 of the M.P. Municipalities Act, 1961) in Election Petition No. 8/95.

2. Brief facts necessary for disposal of the present revision petition are that election for the Councillor was held on 27.11.94, the election was notified on 5.12.94 in which the present applicant was declared as returned candidate from Ward No. 14. An election petition was filed by non-applicant no. 1 before the Additional District Judge, Sakti challenging the election of the applicant. The said petition was filed on 6.1.95 i.e. on 32nd day from the notification of the elections. The non-applicant no. 1 to bring the election petition within limitation, moved an application under section 5 of Limitation Act praying for condonation of delay and extension of time. The application was opposed by the present applicant on various grounds. The learned Addl. District Judge, after recording the evidence came to the conclusion that the delay was unavoidable and deserved to be condoned. It accordingly condoned the delay. Being dissatisfied by the said order, the applicant has preferred this revision petition.

3. Shri Rajiv Shrivastava, learned counsel for the applicant submits that election petition is required to be filed under Section 20 of the Act and if the same is not filed within 30 days from the date on which such election was notified, the election petition being in competent is liable to be rejected. He submits that Section 23 of M.P. Municipalities Act (hereinafter referred to as 'the Act') provides the procedure to be followed in disposal of election petition. Referring to Section 355, he submits that the State Govt. may make rules for the purpose of carrying into effect the provisions of this Act. Election petition rules were framed by the State Govt. in the year 1962, known as M.P. Municipalities Election Petition Rules, 1962, and the said rules read with Section 20 and 23 shall provide & complete code for presentation of trial and disposal of the election petition, therefore, provisions of Section 5 Limitation Act would not be applicable. He submits that the District Judge or the Add. District Judge is not a Civil Court, but in fact are the authorities appointed under the Act for the purposes of disposal of the election petitions, therefore, they being persona designate cannot apply the provisions of Section 5 Limitation Act when provisions for condonation of delay or extension of time has not been provided either under the Municipalities Act or under the Rules.

4. On the other hand, Shri Kostha, learned counsel for the non-applicant no. 1 submits that in view of the language of Section 29 of Indian Limitation Act, the provisions of Section 5 Limitation Act shall apply to an election petition and the Court below was absolutely justified in condoning the delay finding that there was a sufficient cause.

5. The order passed by the learned Court below does not show that the question regarding applicability of Section 5 of the Indian Limitation Act was ever raised before the lower Court, but as the question goes to the very root of the jurisdiction of the election tribunal, it can be raised at any point of time. Section 20 of the Municipalities Act, 1961 reads as under:

Election Petitions-

(1) No election or selection under this Act be called into question except by a petition presented in accordance with the provisions of this Section.

(2) Such petition may be presented on one or more of the grounds specified in Section 22-

(a) by any candidate at such election or selection; or

(b) (i) in the case of an election of a Councillor, by any voter of the ward concerned;

(ii) in the case of a (nomination) of Councillor; by any Councillor;

to the District Judge, where such election or selection is held within the revenue district in which the C