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Madhya Pradesh High Court · body

2015 DIGILAW 748 (MP)

Gyarasai Bai v. State of M. P.

2015-07-20

ROHIT ARYA

body2015
ORDER 1. By this Writ Petition under Article 226/227 of the Constitution of India, the petitioners’ have challenged the appellate order passed under section 12(5) of the Madhya Pradesh Panchayat Nirvachan Niyam,1995 dismissing the appeal, on the ground of limitation. 2. Facts necessary for disposal of this petition are to the effect; that the petitioners’ claims to be members of the Scheduled Tribe category and residents of village Barkheda Safa, Gram Panchayat Gazipur, District Guna. By draw of lots, the seat of Sarpanch of the Village Panchayat was reserved for the Scheduled Tribe category candidate. It is submitted that the names of the petitioners’ have been deleted from the voters’ list without any notice and behind their back. However, no sooner did they came to know of the deletion of their names, they have filed an appeal. Along with the appeal, an application was filed seeking condonation of delay in filing the appeal, however, by the impugned order, the delay in filing the appeal was not condoned. Accordingly, it is prayed that the impugned order be set aside directing the appellate authority to hear the appeal, on merits. 3. State’s counsel and the counsel for the respondent No.4 have vehemently opposed the prayer. Counsel for respondent No.4 further submitted that there was no explanation whatsoever explaining the formidable delay of about one month in filing the appeal. Hence, the appellate authority has rightly dismissed the appeal, on the ground of limitation. 4. Heard counsel for the parties. 5. There is no dispute that final voters’ list was published on 20.11.2014. There was no explanation for the delay, muchless, satisfactory explanation is forthcoming either from the application or from the affidavit as regards the period from 20.11.2014 to 12.12.2014, i.e., the date on which the petitioners’ alleged to have acquired the knowledge of the final publication of the voters’ list. Even, such particulars have not been disclosed in the affidavit as regards the source of information of publication of the final voters’ list dated 20.11.2014. Accordingly, the appellate Court has dismissed the appeal on the ground of limitation for the reason that under section 12(5) of the Limitation Act, the limit prescribed is only 5 days’ from the date of the order. In the instant case, the date of the order is 7.10.2014 and thereafter the final publication of the voters’ list was made on 20.11.2014. In the instant case, the date of the order is 7.10.2014 and thereafter the final publication of the voters’ list was made on 20.11.2014. The appeal was filed on 17.12.2014. 6. In the backdrop of the aforesaid factual matrix, the appeal was filed much beyond the period of limitation, there is no explanation offered, muchless, substantial explanation for the delay in filing the appeal. Under such circumstances, the appellate authority has not committed any illegality while dismissing the appeal under section 12(5) of the aforesaid Nirvachan Niyay, 1995. 7. The Writ Petition is devoid of merit and is hereby dismissed. No order as to cost.