Procedural deficiencies in online filings do not invalidate timely submissions; electronic filings are considered valid if received within the limitation period, despite subsequent objections.

1. Both Writ Petitions are disposed of by this common judgment. Facts are absolutely identical in both Writ Petitions. For convenience and reference, facts in Writ Petition No.1273 of 2024 are referred to herein. The result applies to both Petitions. In Writ Petition No.1360 of 2024, two Petitioners have filed the Election Petition jointly. It is verified by both Petitioners.

2. The question that arises before the Court in the present Writ Petitions is “Whether any procedural deficiency in the proceedings filed online within the prescribed limitation period designated with objection can be labelled as proceedings filed beyond limitation?” Strict period of limitation applies in the present case. The proceedings is an Election Petition filed to challenge result of an Election (public).

3. Petitioner in Writ Petition No.1273 of 2024 - Rajesh Chandrakant Shingade has filed the Election Petition. Facts in the Election Petition as also other relevant dates are not in dispute. Election result was declared on 06.11.2023. Respondent No.5 represented by Mr. Gavnekar was declared elected from Ward No.3 of the Gram Panchayat of Mauje Jambulpada Varhad, Taluka Sudhagad, District Raigad in the election. Petitioner being unsuccessful challenged the election of Respondent No.5 by filing Election Petition. Under the statute, such Election Petition is required to be filed within 15 days from the date of declaration of results of election. That prescribed period of limitation would end on 21.11.2023.

4. Petitioner has come with the case that on 20.11.2023, Petitioner filed Election Petition through his Advocate before the Civil Judge Junior Division Pali, District Raigad through e-filing i.e. online. Petitioner got e-filing No.C2023000012 which is supported by document at page No.201 of the Petition. According to Petitioner, remark which appeared pursuant to e-filing action undertaken by Petitioner on 20.11.2023 reads as “document not serial”. Petitioner would submit that this was due to technical failure of the internet and there was a network issue. Advocate for Petitioner immediately thereafter on the same date proceeded to Pali District Court for exercising the option of physically filing the Election Petition as well. Distance between the Court at Alibag and Pali is 55 kms. It is averred by Petitioner that in Pali District Court, Petitioner’s Advocate attempted to physically file the Election Petition but was informed by the Court Filing Staff that the online attempt made by Petitioner raised the objection “Document not serial” and it was due to network reception problem in Pali District Court. It is averred that Petitioner’s Advocate was informed to return back after 2-3 days but that would be beyond 21.11.2023 i.e. beyond the prescribed period of limitation. It is next averred by Petitioner that on 22.11.2023, Petitioner approached the Assistant Superintendent in the office of District Court at Pali and submitted Application dated 23.11.2023, copy of which is appended at page No.203 of Petition, stating the action taken by Petitioner on 20.11.2023 and what transpired thereafter be considered and delay of two days in physically filing the Election Petition be condoned. Application was resisted by Respondent No.5. It was heard by the learned District Court and by order dated 21.12.2023, Application was rejected resultantly leading to filing of the present Writ Petition. The impugned order in Writ Petition No.1360 of 2024 is dated 21.12.2023. 5. Ms. Kondekar, learned Advocate for Petitioners in both Writ Petitions would submit that as a result of the impugned order, substantial right of challenge of the Petitioners to the election result stands ousted despite the Petitioner having approached and having filed the Election Petition in the Court within the limitation period on 20.11.2023 through e-filing which is evident from the fact that Petitioners were allotted a filing number bearing AMH20210052373C202300016 and AMH20220000917C2