(Per : HONOURABLE MR. JUSTICE MOHIT S. SHAH) Mr.N.V.Anjaria, learned Standing Counsel for the State Election Commission has been requested to assist the Court as the petition seeks to raise the question about bar of limitation in entertaining election petitions and the power to condone the delay in filing election petitions before the Civil Court under the Gujarat Panchayats Act. On the facts of the case, we also find that apart from the above wider question of law, the petitioner herein had moved this Court by filing Special Civil Application No.2167 of 2008 for challenging the result of the election within the period of 15 days from the date of declaration of the election, but the petition was permitted to be withdrawn so as to enable the petitioner to file election petition in accordance with law.
Before hearing the learned advocate for the petitioner and the learned Standing Counsel for the State Election Commission, the Court would like to ascertain whether ballot papers of the election in question are still preserved or whether they are destroyed. If not so far destroyed, the State Election Commission shall issue instructions for preserving the ballot papers.
S.O.
to 07th September, 2009.
A copy of this order shall be made available to Mr.N.V.Anjaria, learned Standing Counsel for the State Election Commission.
( Mohit S. Shah, J. ) ( K.M. Thaker, J.) syed/ Top