Gheesaram S/O Shri Hajari vs Rinku Sarwaan W/O Chandan Kumar
2022 Latest Caselaw 3149 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 S.B. Civil Revision Petition No. 61/2022

Gheesaram S/o Shri Hajari
                                                                            ----Petitioner
                                           Versus
Rinku Sarwaan W/o Chandan Kumar & Anr.
                                                                       ----Respondents

For Petitioner(s) : Mr. Rajpal Dhankhar For Respondent(s) : Mr. Ved Pal Shastri

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

19/04/2022 This revision petition arises against the order dated

25.02.2020 passed by District Judge, Jhunjhunu in civil case

(election petition) No.60 (CIS No.60) whereby the application

under Order 7 Rule 11 CPC filed by the petitioner-defendant has

been dismissed. Counsel for petitioner submits that petitioner was

elected as Sarpanch of Gram Panchayat Sultana, district

Jhunjhunu in the elections conducted on 03.10.2020.

Respondent No.1 challenged the election by filing election

petition on 17.11.2020 invoking the provisions of Section 43 of

Rajasthan Panchayati Raj. Act, 1994 read with Rule 81 of

Rajasthan Panchayati Raj. (Election) Rules, 1994. As per Rule 81,

the prescribed limitation of filing election petition is 30 days.

Since the election petition was filed beyond the period of 30 days,

petitioner moved an application under Order 7 Rule 11 CPC to

reject the election petition on account of being barred by

limitation.

(2 of 2) [CR-61/2022]

Respondent No.1 opposed the application by contending

that he applied for the copy of results of election on 5.10.2020

and the same was provided to him on 27.10.2020 therefore, that

period should be excluded while counting the limitation of 30 days

following the provisions of Section 12 of the Limitation Act. The

trial court, in the impugned judgment has observed that the

provisions of Section 12 of Limitation Act is not applicable to the

election petition however the election petition has been treated

within limitation placing reliance on the extension of limitation

due to the pandemic Covid-19 on the basis of general

directions/orders issued by the Hon'ble Supreme Court.

Having heard counsel for both parties, matter requires

consideration.

Admit.

Issue notice.

Since, for respondent No.1, counsel has put in appearance,

no need to issue.

Issue notice to respondent No.2 only.

Original record of the trial court be also summoned.

In the meanwhile, further proceedings of the election

petition shall remained stayed.

Either of parties is free to move an application for early

hearing of this matter as soon as the record is received.

(SUDESH BANSAL),J

SACHIN SHARMA /178

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