Pulukuri Chinnaiah v. Election Tribunal, Prakasam District
2002-02-26
A.R.LAKSHMANAN, Y.V.NARAYANA
body2002
DigiLaw.ai
AR. LAKSHMANAN, C. J. ( 1 ) HEARD Sri M. Brahma Reddy, the learned Counsel for the petitioner and Sri A. Sreedhar, the learned Counsel for the respondents. ( 2 ) THE writ petition has been filed to declare the order of the Election Tribunal-Junior Civil Judge, Podili, Prakasam District in rejecting the original petition filed by the writ petitioner under Section 233 of the A. P. Panchayat Act, 1994 on the ground that it is barred by limitation, as illegal and arbitrary and to direct the Election Tribunal to entertain and disposer of the same on merits. The petitioner along with others filed nomination for the election to the post of Sarpanch. The petitioner and the 2nd respondent herein were the contesting candidates for the said post. There is dispute between the parties in regard to the withdrawal of the nomination by the petitioner. In the result the 2nd respondent was declared elected as Sarpanch of the village. Challenging the said declaration the petitioner preferred original petition before the Election Tribunal on 20-8-2001 under Section 233 of the A. P. Panchayat Raj Act. ( 3 ) ACCORDING to the petitioner the original petition filed by him was on time. However, the Election Tribunal rejected the original petition on the ground that the same was filed beyond the period of limitation. It held that the 30 days time for filing the original petition is to be counted from the date of declaration of the result and that the petitioner is not entitled to the benefit of Section 12 (2) of the Limitation Act and, therefore, there is no reason to exclude the time in connection with the application to set aside the declaration of election. Aggrieved by the said order the present writ petition has been filed. ( 4 ) RULE 3 of the A. P. Panchayat Raj (Election Tribunal in respect of Gram Panchayats, Mandal Parishads and Zilla Parishads) Rules, 1995 (hereinafter referred to as the Rules ) reads as follows: (I) The election petition shall be presented within 30 days from the date of declaration of the result of the election.
( 4 ) RULE 3 of the A. P. Panchayat Raj (Election Tribunal in respect of Gram Panchayats, Mandal Parishads and Zilla Parishads) Rules, 1995 (hereinafter referred to as the Rules ) reads as follows: (I) The election petition shall be presented within 30 days from the date of declaration of the result of the election. Explanation :--If the Court of the Subordinate Judge or the District Munsif, as the case may be, or the office of the officer of the Government who is the Election Tribunal is closed on the last day of the 30 days aforesaid, the petition may be presented to the Election Tribunal on the next day afterwards on which such Court or Tribunal is open. ( 5 ) THE question is whether the original petition filed by the petitioner was on time i. e. , within 30 days as prescribed by Rule 3 of the Rules. ( 6 ) IN this case the result was declared on 20-8-2001 and the petition was filed on 19-9-2001 which, according to the Election Tribunal, is beyond 30 days. The view taken by the Election Tribunal that the original petition is beyond the period of limitation is not correct. Section 9 of the A. P. General Clauses Act, 1891 reads as follows:9. Revival of repealed enactment s :--In any Act to which this Chapter applies -. . . (b) Commencement of term :--For the purpose of excluding the first in a series of days or any of other period of time, it shall be sufficient to use the word from . (c) Termination of term :--For the purpose of including the last in a series of days or any other period of time, it shall be sufficient to use the word to . ( 7 ) SECTION 9 (b) of the General Clauses Act deals with commencement of the period of the purpose of excluding the first in a series of days or any of other period of time. Section 9 of the A. P, General Clauses Act corresponds to Section 9 (1) of the General Clauses Act, 1897 (Central Act ). In this case the result was declared on 20-8-2001. The original petition was filed on 19-9-2001. For the purpose of computing the period of 30 clear days as per Section 9 (b) of the General Clauses Act, 20-8-2001 - the date of declaration, has to be excluded.
In this case the result was declared on 20-8-2001. The original petition was filed on 19-9-2001. For the purpose of computing the period of 30 clear days as per Section 9 (b) of the General Clauses Act, 20-8-2001 - the date of declaration, has to be excluded. If 20-8-2001 is so excluded the original petition filed by the petitioner would be well within the period of limitation as prescribed by Rule 3 of the Rules. Therefore, we hold that the petition is well within time is any view of the matter. The writ petition stands allowed. The original petition is restored to file and we direct the Election Tribunal to dispose of the same in accordance with law as expeditiously as possible, at any rate, not later than four months from today.