Sufia Khatun Mandol vs The State Of Assam And Ors
2021 Latest Caselaw 228 Gua

                                                                  Page No.# 1/2

GAHC010169312020




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/5063/2020

            SUFIA KHATUN MANDOL
            W/O SARBESH ALI
            VILLAGE PATHADI PAM, PS SARTHEBARI, DIST BARPETA, ASSAM


            VERSUS

            THE STATE OF ASSAM AND ORS.
            REPRESENTED BY THE STATE ELECTION COMMISSIONER ASSAM,
            DISPUR GUWAHATI 06

            2:RESP. NO. 2 IS STRUCK OFF
            AS PER ORDER DATED 04.12.2020

            3:RESP. NO. 3 IS STRUCK OFF
            AS PER ORDER DATED 04.12.2020.

            4:MAMONI KHATUN
            W/O DULAL HOQUE
            VILLAGE NALIR PAM
             PO NALIGAON
             PS SARTHEBARI
             DIST BARPETA
            ASSAM 78135

Advocate for the Petitioner   : MR. R ALI

Advocate for the Respondent : GA, ASSAM
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                                    BEFORE
                  HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA

                                               ORDER

Date : 25-01-2021

Heard Mr. R. Ali, learned counsel for the petitioner. Also heard Mr. N. Bora, learned Standing Counsel, Assam State Election Commission, respondent No.1 and Mr. S. R. Barbhuiya, learned counsel for the respondent No. 4.

The petitioner is aggrieved against the order dated 20.2.2020 passed by learned District Judge, Barpeta exercising the power of the Election Tribunal under the Assam Panchayat Act, 1994. Under the statute i.e Section 129 B, an election petition is to be filed within 60(sixty) days from the date of declaration of the results of the Panchayat Election. The respondent No. 4 while preferring the election petition which was registered as Misc.Election Case No. 56/2019 there was delay of 25 days which the learned District Judge vide the impugned order condoned holding that none of the parties would be prejudiced in any manner. There is no dispute at the Bar that Hon'ble Division Bench of this court vide judgment dated 11.6.2014 held in W.A 34/2014 that the provisions of the Limitation Act 1963 have no application to the election petition filed u/s 129-B of the Assam Panchayat Act and such condonation of delay u/s 5 of Limitation Act and or Section 14 of the Limitation Act does not arise. The said decision was on the basis of the one of the Apex Court in K. Venkateswara Rao Vs Bekkam Narasimha Reddi reported in AIR 1969 SC 872.

In view of the said proposition of law, this writ petition is allowed thereby setting aside the impugned order dated 20.2.2020 passed in Criminal Misc.(J) Case No. 5/2019 arising out of the said Misc Election Case No. 56/2019.

The learned District & Sessions Judge, Barpeta shall pass necessary order in the Misc. Election Case No. 56/2019 on the receipt of a copy of this order as the order condoning delay dated 20.2.2020 is hereby set aside.

This writ petition is accordingly disposed of.

JUDGE

Comparing Assistant