CIVIL APPLICATION No v. Nana Gangadhar Khairnar
Case at a glance
- Decided
- 22 Aug 2008
- Bench
- V C DAGA
Provisions considered
- Constitution of India art. 226
- Bombay Village Panchayats Act, 1958 s. 15
Key paragraphs
- Para 77. In view of disposal of the writ petition, no orders are necessary on civil Application. The same is disposed of accordingly. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)
Judgment
On the motion made by learned counsel for the petitioner, he is allowed to delete reference to Article 226 of the Constitution of India made in cause title of the petition. Amendment to be carried out forthwith.
Heard learned counsel for the petitioner. This petition is directed against the order dated
18.5.2007 passed by the Civil Judge, Junior Division, Yena thereby rejecting application filed under Section 15 of the Bombay Village Panchayats Act, 1958 which requires that the election petition of a defeated candidate must be filed within 15 days from the date of declaration of result.
Admittedly, application was filed beyond the period of 15 days from the date of declaration of result.
The learned counsel for the petitioner submits that time taken for obtaining the certified copy of the declaration of result ought to have been excluded by the parties while calculating limitation.
The submission made is misplaced because the election petition which is required to be filed under Section 15 of the Act does not require production of the certified copy of the declaration of the result. Right to contest and challenge the same is a statutory right given by the statute. If the statute does not provide the necessity of filing the certified copy of the declaration of result, then the period for obtaining certified copy cannot be excluded. Thus, the election petition filed was much beyond the period of Limitation. It was barred by Limitation. It was, thus, rightly dismissed by the Court below, holding it to be beyond the period of limitation.
The view taken by the Court below is a reasonable and possible view. No case is made out to interfere with the impugned order. The petition is dismissed. Rule is discharged.
In view of disposal of the writ petition, no orders are necessary on civil Application. The same is disposed of accordingly. (V.C.DAGA, J.) (V.C.DAGA, J.)
(V.C.DAGA, J.)
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Bombay Village Panchayats Act, 1958 — s. 15.
Which court decided this case, and when?
Bombay High Court, on 22 Aug 2008. The bench was V C DAGA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.