NAGAPPA GULAPPA AMMINABHAVI Vs. FAKIRAPPA BHIMAPPA HANCHINAL
HIGH COURT OF KARNATAKA
NAGAPPA GULAPPA AMMINABHAVI
FAKIRAPPA BHIMAPPA HANCHINAL
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(1.)The petitioner Nagappa Gulappa Amminabhavi was elected to the Village Pan-chayat of Javoor at the election held early in 1968. The results of the election were declared on 12th March, 1968. Respondent 1 Fakirappa Bhimappa Hanchinal, a candidate defeated at the election, filed an election petition before the Munsiff of Navalgund on 1st April, 1968 under Section 13 of the Mysore Village Panchayats and Local Boards Act, 1959.
(2.)The petitioner remained ex parte. By an order dated 28th October, 1968, the Munsiff, after making a recount of the votes, set aside the election of the petitioner and declared the first respondent as elected.
(3.)The petitioner has now approached this Court with this writ petition asking for the quashing of the Munsiff's order. As he was ex parte, no questions on merits are raised by the petitioner. His sole contention is that the petition before the Munsiff was clearly barred by limitation prescribed therefor and that therefore, under Section 3 of the Limitation Act, the Munsiff was bound to dismiss the same. The limitation is that prescribed by Section 13 itself of the Village Panchayats Act. Sub-section (1) thereof, to the extent relevant, reads
"At any time within fifteen days after the declaration of the result of an election any candidate who stood for election, or any person qualified to vote at the election, may apply, together with a deposit of fifty rupees as security for costs, to the Munsiff within whose territorial jurisdiction the village concerned is situate for the determination of the validity of the election."
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