Tukol, J. - (1.)The sole question that arises in this writ petition for our decision is, whether Section 5 of the Limitation Act 1963 is applicable to an application filed before the Munsiff under Rule 17 of the Mysore Village Panchayat (Election of the Chairman and the Vice-Chairman) Rules, 1959, to be hereinafter/ referred to as the "Rules."
(2.)The election for the post of the Chairman of the Village Panchayat of Kollur in Chincholi Taluk, District Gulbarga, was held on 24-7-1968 and the results were published on 24-7-1968, itself, declaring that the present petitioner was duly elected as Chairman, Respondent No. 1 filed an election petition No. 13/68 before the Munsiff at Chincholi on 2-8-1968. The present petitioner opposed that application on the ground that there as a delay of two days in filing the petition and that the petition was liable to be dismissed as barred by time. The Munsiff took the view that the petitioner before him was under a bona fide belief that a copy of the declaration of the results was necessary for the petition and that the two days' delay was caused by bona fide mistake, since the Rules did not require a copy of the declaration of the result to be annexed to the petition. He accordingly allowed the application and adjourned the proceeding and called upon the respondents to file their counter to the election petition. It is the legality of this order that is required to be decided in this writ petition.
(3.)Mr. Jagannatha Shetty, the learned Advocate appearing for the petitioner, submitted that since the application for setting aside the election of the Chairman was required to be made to the Munsiff as a persona designata and not as a presiding officer of a Civil Court, the provisions of Section 5 of the Limitation Act were not applicable and that the Munsifi was in error in condoning the delay of two days and setting it down for further hearing.
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