SACHINDRA MOHAN SHARMA Vs. S K BAXI EXECUTIVE MAGISTRATE-CUM PANCHAYAT ELECTION TRIBUNAL LAKHI- SARAI

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution of India. In this application a prayer has been made for the issue of a writ of certiorari quashing the order dated 20-11-1978 contained in Annexure 2. This is an order passed by the Election Tribunal rejecting the election petition on the ground that the same was barred by limitation.

(2.) The election of Kewati Gram Panchayat in the district of Monghyr was held on 1-6-1978, in which respondent No. 2 was declared elected as Mukhia. The petitioner was also a contesting candidate for the post of Mukhia. He filed an election petition challenging the election of respondent No. 2 before the Election Tribunal respondent No. 1 on 1-7-1978. The election case was registered and numbered as Election Case No. 15 of 1978. When the matter came up for hearing the petition on the question of admission, the learned Tribunal found that the petition has been filed after 30 days, the time fixed for filing an election petition. Accordingly, the learned Tribunal rejected the Selection petition on 20-11-1978.

(3.) Mr. Bindeshwari Chaudhary, learned counsel appearing on behalf of the petitioner has submitted that the respondent Tribunal has wrongly exercised its jurisdiction and dismissed the election petition. According to learned counsel 1-6-1978 the date on which the result was declared should have been excluded and counting it from 2-6-1978, the election petition was filed within 30 days on 1-7-1978. The learned counsel may bo correct, but it is not possible for me to interfere in this case in the exercise of my powers under Articles 226 and 227 of the Constitution of India.