Summary
An election petition under the Haryana Panchayati Raj Act was filed afresh after the statutory thirty days, following withdrawal of an earlier petition with liberty to refile. The Supreme Court held that the special statutory scheme excluded Section 14 of the Limitation Act and that liberty to refile could not overcome the limitation bar.
Issues
- Whether time spent pursuing a withdrawn election petition could be excluded when a fresh petition under Section 176 was filed beyond thirty days.
Provisions considered
- Section 176(1), Haryana Panchayati Raj Act, 1994The thirty-day period from declaration of election results was mandatory; the statutory scheme provided no power to condone delay or extend that period. (¶¶ 5, 9)
- Section 14, Limitation Act, 1963Excluded by the complete code governing presentation of these election petitions; time spent in the withdrawn proceeding could not save the fresh petition. (¶¶ 6, 9)
Held
- The right to challenge an election is statutory and must be exercised in compliance with the governing statute. The Haryana Panchayati Raj Act constitutes a complete code for presentation of election petitions, requiring institution within thirty days of declaration of results without extension. (¶¶ 5, 7, 9)
- Withdrawal of the original petition with liberty to institute a fresh one did not remove the statutory limitation bar. Section 14 of the Limitation Act stood excluded, and the fresh petition filed outside thirty days was liable to dismissal. (¶ 9)
Result
Appeal allowed; the High Court order was set aside and the fresh election petition dismissed. No order as to costs.