SUMAN DEVI versus MANISHA DEVI AND ORS.

SUMAN DEVI versus MANISHA DEVI AND ORS.

The Haryana Panchayati Raj Act, 1994 prescribes a mandatory 30-day period from the declaration of election results within which an election petition must be filed. This period cannot be extended by invoking provisions of the Limitation Act, 1963. A fresh election petition filed after the statutory period is barred by limitation and liable to be dismissed, regardless of any liberty granted by the court to file afresh.

Parties
Appellant: Suman Devi; Respondent: Manisha Devi; Respondent: Other Respondents
Jurisdiction
India
Judgment Date
21 August 2018
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed; impugned order set aside; election petition dismissed
Legal Topics
Limitation, Election Petition, Applicability of Limitation Act, Withdrawal and Refiling of Election Petition
Election Law Limitation Election Petition Applicability of Limitation Act Withdrawal and Refiling of Election Petition

Case Brief

Summary, issues, holding and outcome

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Parties

Suman Devi

Appellant

Manisha Devi

Respondent

Other Respondents

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Section 14 of the Limitation Act, 1963 applies to election petitions under Section 176 of the Haryana Panchayati Raj Act, 1994
  2. 2 Whether an election petition filed beyond the statutory period of 30 days is maintainable

Ratio Decidendi

The Haryana Panchayati Raj Act, 1994 prescribes a mandatory 30-day period from the declaration of election results within which an election petition must be filed. This period cannot be extended by invoking provisions of the Limitation Act, 1963. A fresh election petition filed after the statutory period is barred by limitation and liable to be dismissed, regardless of any liberty granted by the court to file afresh.

Court Disposition

Appeal allowed; impugned order set aside; election petition dismissed

Orders

  • The appeal is allowed.
  • The order of the High Court dated 11 August 2017 is set aside.