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2018 (8) TMI 2143 - SC - Indian LawsElection petition - time limitation - limitation for filing the election petition had expired - Order 7 Rule 11 - HELD THAT:- In Charan Lal Sahu v. Nandkishore Bhatt [1973 (8) TMI 177 - SUPREME COURT], a two Judge bench held that there is no common law right to challenge an election since it is purely a matter of Regulation by the terms of the statute. The right being statutory, the terms of the statute must be complied with. The Haryana Panchayati Raj Act 1994 is a complete code for the presentation of election petitions. The statute has mandated that an election petition must be filed within a period of 30 days of the date of the declaration of results. This period cannot be extended. The provision of Section 14 of the Limitation Act 1963 would clearly stand excluded. The legislature having made a specific provision, any election petition which fails to comply with the statute is liable to be dismissed. The High Court has failed to notice both the binding judgments of this Court and its own precedents on the subject, to which we have referred. The first Respondent filed an election petition in the first instance to which there was an objection to maintainability Under Order 7 Rule 11 of the Code of Civil Procedure. Confronted with the objection Under Order 7 Rule 11, the first Respondent obviated a decision thereon by withdrawing the election petition. The grant of liberty to file a fresh election petition cannot obviate the bar of limitation. The fresh election petition filed by the first Respondent was beyond the statutory period of 30 days and was hence liable to be rejected. The election petition filed by the first Respondent shall stand dismissed.
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