V.K. Shukla, J. - (1.) ELECTION for the post of President/Chairman of Nagar Palika Parishad (Nagar Panchayat), Rath, District Hamirpur was held on 28.10.2006. Result of aforementioned election was declared on 6.11.2006 wherein Smt. Heera Devi, Petitioner was declared elected having secured highest valid votes. In the said election Smt. Ram Janki secured second highest votes and she filed Civil Misc. Writ Petition No. 65930 of 2006 before this Court on 30.11.2006 questioning the validity of elections and this Court on 6.12.2006 dismissed the writ petition as not maintainable. Smt. Ram Janki thereafter filed election petition before the District Judge, Hamirpur accompanied with application under Section 5 of the Limitation Act read with application under Section 14 of Limitation Act, 1963.
(2.) ON the presentation of the election petition, on 11.12.2006 application under Section 5 of the Limitation Act was objected to by the Petitioner by contending that provision of Limitation Act are not applicable while trying election petition under the provision of U.P. Municipalities Act, 1916. Thereafter, Tribunal rejected the objection filed on behalf of the Petitioner and entertained the election petition as having been filed well within time. At this juncture present writ petition has been filed. On the presentation of the writ petition, this Court on 18.8.2010 passed following order, which is being extracted below: Issue notice to Respondent No. 2 fixing 20th September, 2010 as the date . Petitioner to take steps by registered post within three days. Respondents may file counter affidavit by the next date fixed. List on the date fixed. On behalf of the Petitioner it is contended that under the provisions of the U.P. Act No. 2 of 1916, the provisions of the Limitation Act have not been made applicable to election petition and therefore no election petition can be filed beyond the prescribed period. The District Judge under the impugned order has wrongly entertained and granted the application made under Section 5 of the Limitation Act. Hence this petition. The matter does require enquiry by this Court. Till the next date of listing further proceedings in Election Petition No. 1 of 2010 shall remain stayed.
(3.) THEREAFTER , counter affidavit has been filed and therein entertainment of election petition has been sought to be justified.;