delay in filing election petition can be condoned under s.
5--Applicability of section to election petitions--Saturday
last day of limitation--Filing on next ... Rules for
the Disposal of Election Petitions framed by the Patna High
Court, an election petition should only be filed before a
Judge
Municipal
Election Petition No. 129 of 2012 holding that the election petition filed
by respondent No.1 herein questioning the appellant’s election ... respondent No.1 (election
petitioner) to have filed the election petition on any day between
17.02.2012 to 27.2.2012. Since the election petition was filed
avail of the alternative remedy of filing an election petition.
The petitioner, accordingly, filed Election Petition No.219 of 2011 on 12th July, 2011 before ... were not applicable, the Election Tribunal had no option but to dismiss the election petition as barred by limitation. The Tribunal held that Section
proper remedy to challenge the election is by filing an election petition within the period of limitation. If the defeated candidates or the voters ... filing of election petition. are hereby quashed and the election results declared by the Returning Officers are sustained as no election petition was filed
prayed for dismissal of the election petition on the ground that election
petition is barred by limitation.
8. Per contra, learned counsel for the petitioner ... filing election petition and at the same time states that
no elector or candidate shall file election petition
before the date of election
results of the election and
beyond that, no election petition can be filed. In the present case, the
election petition was filed beyond the period ... election
petition, the Chief Judge had no power to condone the
delay in filing the election petition beyond the period of
limitation prescribed
respondent No.1 (election
petitioner) to have filed the election petition on any day
between 17.02.2012 to 27.2.2012. Since the election petition
was filed ... election petition, the Chief Judge had no
power to condone the delay in filing the election petition
beyond the period of limitation prescribed
respondent no. 6 then filed the election petition being
Election Petition No.5/2013 before the Election Tribunal/District
Judge, Bongaigaon on 4.7.2013 and questioned ... delay in
filing the election petition because prior to filing of the election
petition, he had filed the writ petition for prosecuting his
grievance
same
manner as the petition."
"86. Trial of election petitions.-
(1) The High Court shall dismiss an
election petition which does not comply ... election petition. So computed, there is
no dispute that the election petition presented in the
present case on 16.4.1990 was within limitation and there
election Tribunal, the appellant presented the election petition
before the Tribunal at Hyderabad on 22.6.2000. The Tribunal returned
the election petition allowing the appellant ... election by way of an
election petition under the Act. Section 71 of the Act provides:
"Election Petition: (1) No election held under this
