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2011 Supreme(Online)(Chh) 134

CHHATTISGARH HIGH COURT
R.S. Garg, J
Rajesh Sahu v. Sanjay Makhija and Others


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, opposed the election petition on merits. He also opposed the application filed u/S. 5 of the Limitation Act. The Specified Officer / Sub-Divisional Officer rejected the objection raised by the petitioner and condoned the











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