Sanjay Singh v. Abhay Pratap Singh and others) has been rejected in Election Petition, under Sect
Case Details
Neutral Citation No. - 2024:AHC:195218 A.F.R. Reserved on 04.09.2024 Delivered on 22.11.2024 Case :- MATTERS UNDER ARTICLE 227 No. - 7910 of 2024 Petitioner :- Sanjay Singh Respondent :- Abhay Pratap Singh And 4 Others Counsel for Petitioner :- Birendra Singh Counsel for Respondent :- C.S.C.,Kaushlesh Pratap Singh Hon'ble Neeraj Tiwari,J.
Legal Reasoning
1. Heard learned Sri Birendra Singh, learned counsel for the petitioner, Sri Prabhakar Awasthi, learned counsel for the respondent No. 1, Sri K.P. Singh, learned counsel for the respondent No. 3 and Sri S.K. Singh, learned Additional Chief Standing Counsel for the respondent Nos. 2, 4 & 5. 2. Present petition has been filed for setting aside the impugned order dated 29.5.2024 passed by learned Additional District Judge, Court No.1, Fatehpur whereby application 7C2, under Section 5 & 14 of Limitation Act in being Misc. Case No.70/74/2023 (Sanjay Singh vs. Abhay Pratap Singh and others) has been rejected in Election Petition, under Section 14 of U.P. Kshettra Panchayat & Zila Panchayat. 3. Brief facts of the case are that the State Election Commission, Uttar Pradesh pursuant to notification dated 26.03.2021 issued information vide letter no. 726 dated 26.03.2021 for holding general elections in all the Gram Panchayat in District Fatehpur for the members of Zila Panchayat Village Panchayat and date for casting the vote was fixed as 02.05.2021, in which respondent No. 1 was elected as Member, Zila Panchayat, Fatehpur. Subsequently vide notification dated 15.06.2021 State Election Commission, Uttar Pradesh issued notification No. 520 dated 16.06.2021 for holding elections for the post of Chairman, Zila Panchayat, Fatehpur. As per the Schedule, date for holding the election was fixed on 03.07.2021. The result of general election for Chairman, Zila Panchayat, Fatehpur was declared on 03.07.2021 declaring the winning candidate and certificate dated 03.07.2021 was also issued. Petitioner has earlier preferred Public Interest Litigation (PIL) No. 1396 of 2023 before this Court for a writ, order or direction in the nature of mandamus cancelling the election of Member, Zila Panchayat, Fatehpur, so far as it relates to respondent No. 1. The said PIL was dismissed vide order dated 12.06.2023. Thereafter, petitioner has preferred election petition being Misc. Case No. 70/74 of 2023 for declaring the respondent No. 1 disqualified for the post of Member, Kshetra Panchayat and further for the post of Chairman, Zila Panchayat, Fatehpur. The said case was heard and ultimately dismissed on the ground of limitation, hence present petition. 4. Learned counsel for the petitioner submitted that respondent No. 1 has contested the election of Member of Zila Panchayat, Ward No. 36, Teni, Tehsil Khaga, District Fatehpur in the year 2021and later on, he was also elected as Chairperson of Zila Panchayat, Fatehpur. Before contesting the election, respondent No. 1 had adopted Buddhism, but while filing nomination, he has shown himself as Kshatriya Hindu for getting the benefit of majority votes. He next submitted that law is settled that after conversion of religon, caste of a person is lost and he cannot get the benefit of his original cast. Election of respondent no. 1 was based on false caste certificate, therefore, petitioner has challenged the same by filing Public Interest Litigation (PIL) No. 1396 of 2023, which was dismissed vide order dated 12.06.2023 leaving it open for petitioner to pursue available remedy. At this stage, he has filed Election Petition No. 70/74 of 2023 under Section 14 of the U.P. Kshettra Panchayat & Zila Panchayat Act, 1961(hereinafter, referred to as, ‘Act, 1961’) to disqualify the respondent No. 1 from the post of member Kshettra Panchayat, Fatehpur and further from the post of Chairperson of Zila Panchayat, Fatehpur on the ground of filing false affidavit in the election of Zila Panchayat, 2021. He next submitted that in the aforesaid election petition, respondent No. 1 has also filed objection. Application 7C2 filed along with the election petition was rejected vide impugned order dated 29.05.2024 with the finding that petitioner cannot get the benefit of Section 5 and 14 of the Limitation Act, 1963(hereinafter, referred to as , ‘Limitation Act’) and the provision of Limitation Act shall not be applicable so far as election petition is concerned. He firmly submitted that as there is order of Division Bench of this Court passed in Public Interest Litigation(PIL) No. 1396 of 2023 that to file election petition, he is entitled for benefit of Section 5 and 14 of the Limitation Act. In light of such facts, impugned order dated 29.05.2024 is bad and liable to be set aside. In support of his contention, he placed reliance upon the judgment of 2 of 11 Hon’ble Apex Court in Ch. Subbarao Vs. Member, Election Tribunal, Hyderabad and others: 1964 0 AIR(SC) 1027, Shaik Saidulu @ Saida Vs. Chukka Yesu Stnam & Ors: AIR 2002 SC 749 , Writ Petition (Civil) No. 63 of 2022 (Ashwini Kumar Upadhyay Vs. Union of India), Civil Appeal No. 6576 of 2022(S. Rukmini Madegowda Vs. The State Election Commission & Ors.), Civil Appeal No. 4628 of 2023(Raheem Shah & Anr. Vs. Govind Singh, Ors.), SLP(Civil) No. 17665 of 2018 (Purni Devi & Anr. Vs. Babu Ram & Anr.), Writ C No. 6979 of 2024(Arvind Singh And 4 Others Vs. Union of India Thru. General Manager N.E.R. Gorakhpur), 5. Per contra, Sri Prabhakar Awasthi, learned counsel for the respondent No. 1 submitted that as petitioner was contractor of Zila Panchayat and there are several complaints against him before respondent No. 1, therefore, petitioner has filed Public Interest Litigation(PIL) No. 1396 of 2023, which was dismissed only leaving it open for the petitioner to seek available legal remedy. In fact, no specific order has been passed by the Court granting leave to petitioner to file election petition. He next submitted that election of Chairman, Zila Panchayat and members is governed by provisions of Act, 1961 and in exercise of power of Section 237 of the Act, 1961, Rules have been framed as The U.P. Kshettra Panchayats and Zila Panchayats (Election of Member) Rules, 1994(hereinafter, referred to as, ‘Rules, 1994’), Rule 33 of Rules, 1994 provides time and manner for presenting petition and according to that, election petition has to be filed in person by the petitioner within 30 days from the date of declaration of the result. There is no provision in the Rules for applicability of Limitation Act. Therefore, if application is filed beyond the limitation provided under Rule 33 of Rules, 1994, same may be rejected on the ground of limitation. He also submitted that Rule 33 of Rules, 1994 is in pari materia with Section 81 of The Representation of People Act, 1951(hereinafter, referred to as, ‘Act, 1951’), in which it is provided that election petition may be filed within 45 days against the elected member of Parliament and Members of Legislative Assembly on the ground so mentioned in Section 100 of Act, 1951. He next submitted that such matter went up to Hon’ble Apex Court and the Court has held that Limitation Act would not be applicable and delay in filing the election petition cannot be condoned. In support of his contention, he placed reliance upon the judgment of this Court dated 05.12.2012 passed in Civil Misc. Writ Petition No. 56867 of 2012(Smt. Sharda Devi Vs. State 3 of 11