Shimla (Himachal Pradesh) [India], October 15 (ANI): The Himachal Pradesh High Court has directed the appellate authority to decide within 10 weeks whether an election petition challenging the election of a Gram Panchayat Pradhan in Chamba district was filed beyond the prescribed limitation period.
Justice Sandeep Sharma, while disposing of a writ petition filed by Santosh Kumari, directed the Deputy Commissioner, Chamba, to hear both parties and decide the legal issue of limitation expeditiously, preferably within 10 weeks.
The dispute relates to the election of the Pradhan of Gram Panchayat Thakrimatti in Salooni tehsil of Chamba district, held on May 26, 2021. Santosh Kumari was declared elected after securing 597 votes, while her rival, respondent No. 10, received 561 votes.
The unsuccessful candidate subsequently challenged the election before the Sub-Divisional Officer (Civil), Salooni, under the Himachal Pradesh Panchayati Raj Act, 1944. The authority allowed the election petition, setting aside Santosh Kumari’s election and declaring the respondent as the winner.
Aggrieved by the order, Santosh Kumari approached the Deputy Commissioner, Chamba, in appeal. Although the appellate authority stayed the operation of the order passed by the SDM, it appointed the Up-Pradhan to manage the affairs of the panchayat instead of allowing Santosh Kumari to continue as Pradhan.
Appearing for the petitioner, senior advocate Ankush Dass Sood argued that Sections 163 and 165 of the Himachal Pradesh Panchayati Raj Act prescribe a limitation period of 30 days for filing an election petition. He submitted that the election result was declared on May 26, 2021, whereas the petition was filed on July 8, 2021, beyond the prescribed period.
The petitioner’s counsel contended that the election petition was barred by limitation and that the authority concerned lacked jurisdiction to condone the delay.
The High Court observed that the question of limitation was required to be examined at the threshold. Referring to judicial precedents, it emphasised that where an election petition is filed beyond the prescribed limitation period, the competent authority must consider the issue and determine whether the petition is liable to be dismissed, even if the objection was not raised at the initial stage.
Without entering into the merits of the election dispute, the High Court directed the appellate authority to hear both sides and decide the question of limitation within the stipulated period, preferably within 10 weeks.
The court thus left the issue of whether the original election petition was time-barred for the appellate authority to determine. (ANI)
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