ORDER

1. This revision under section 26 (2) of the Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as “the Act, 1961”) has been preferred against the order dated 13.7.2023 passed by First Additional District Judge, Sardarpur, District Dhar in MJC (EP) No.27/2023 whereby the election petition preferred by the petitioner has been dismissed as barred by time holding that provisions of section 5 read with section 14 of the Limitation Act, 1963 are not applicable to an election petition under section 20 of the Act, 1961. The election petition was preferred by the petitioner calling in question election of respondent No.4 to the seat of President of Municipal Council, Nagar Parishad, Rajgarh, District Dhar.

2. Learned counsel for the petitioner has submitted that the Court below has erred in dismissing the election petition as barred by time by holding that provisions of section 5 read with section 14 of the Limitation Act, 1963 are not applicable to an election petition filed under the Act, 1961. On the contrary, the said provisions are very much applicable and ought to have been given due effect to and the delay in filing the election petition ought to have been condone