CHHATTISGARH HIGH COURT
R.S. Garg, J
Rajesh Sahu v. Sanjay Makhija and Others
| Table of Content |
|---|
| 1. limitation act applicability inquiry (Para 1 , 2) |
| 2. arguments on limitation act (Para 3 , 4) |
| 3. court’s observations on legal framework (Para 5 , 6 , 7 , 8 , 9) |
| 4. final ruling on petition (Para 10 , 11) |
1. "Whether the provisions of Limitation Act, 1963 are applicable to the proceedings of Election Petition filed u/S. 122 of the Panchayat Raj Adhiniyam, 1993 ? Is the question raised for consideration"
2. The facts, briefly stated, are as under: -
The petitioner is an elected Sarpanch of village Panchayat Kotni, Tehsil - Aarang, District - Raipur (CG). He was declared elected on 31-1-2010. A certificate to this effect was issued on 3-2-2010. The election of the petitioner was called in question by filing an election petition by respondent No. 1 u/S. 122 of the Panchyat Raj Adhiniyam, 1993 (hereinafter referred to 'the Act 1993'). The election petition was filed on 23-4-2010. The election petition was barred by limitation, therefore, the election petitioner also filed an application u/S. 5 of the Limitation Act, 1963 . The election petition was filed praying a re - count of votes on account of alleged illegality in the process of counting of votes. The petitioner, o
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.