The Limitation Act, 1963 does not apply to election petitions under Section 122 of the Panchayat Raj Adhiniyam, 1993.

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 delay in filing the election petition u/S. 5 of the Limitation Act, and thereafter the final order was passed on 3-12-2010 and re - count was directed allowing the election petition filed by respondent No. 1.

3. Mr. P. P. Sahu, learned counsel appearing on behalf of the petitioner, mainly argued that the provisions of Limitation Act, 1963 are not applicable to the election petition filed u/S. 122 of the Act, 1993.

4. On the other hand, learned counsel for the respondents opposed these arguments and supported the order passed by the Election Tribunal.

5. I have heard the learned counsel for the parties at length and have also perused the records of the writ petition.

6. Admittedly, the election petitions, challenging the Panchayat elections, are filed u/S. 122 of the Act, 1993. Sub-section (1) of S.122 provides that an election under the Panchayat Raj Adhiniyam shall be called in question only by a petition presented in the prescribed manner to the different authorities as contained in this Section. Sub-section (2) prescribes that no such petition shall be admitted unless it is presented within thirty days from the date on which the election in question was notified. Sub-section (3) provides that such petition shall be enquired into or disposed of according to such procedures as may be prescribed. The procedure prescribed for deciding the election petition under the Act, 1993 are in the Rules called as Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995. R.11 of the Rules, 1995 prescribes the procedure before the Specified Officer and his powers. It provides that the Specified Officer shall have powers which are vested in a Court under the Code of Civil Procedure, 1908. A conjoint reading of the Act, 1993 and the Rules, 1995 would show that there are no provisions to make application of the Limitation Act to the proceedings of the election petition filed u/S. 122 of the Act, 1993.

7. In catena of decisions including the decision of Hukumdev Narain Yadav v. Lalit Narain Mishra , AIR 1974 SC 480 , the Supreme Court held that the provisions of S.5 of the Limitation Act does not apply to the election petition filed under Representation of the People Act. In Laxman Sonboir v. B. D. Quireshi and Others , AIR 2010 Chhattisgarh, pg. 15, this Court has also held in Para 5 that :
"5. A perusal of the provisions of the Act would show that the said period of forty five days for the presentation of election petitions is mandatory and sacrosanct. Any election petition presented to the High Court beyo