HC rules no delay in poll pleas

The judge said a petitioner is not entitled to file an election petition if the bus is missed in the first chance.

Justice Lodha was hearing a writ petition filed by Billquees Begum Gula Dastageer who challenged the validity of the winning candidate from municipal ward number 171 for the term 1997-2002. While the results were declared on Feb 25, 1997, Dastageer filed the election petition on March 1997. The petition was delayed by 14 days, going by the provisions of the BMC Act. Dastageer filed an application under the section five of the Indian Limitation Act, 1963, to pardon the delay in filing the petition. This application was rejected by the Small Causes Court. Dastageer approached the high court.

According to Dastageer’s lawyer A N Maniyar, the BMC Act has not prescribed a definite period for filing a petition, but has merely issued a guiding principle.

Upholding the lower court’s contention, Justice Lodha said period prescribed in the BMC Act cannot be pardoned by a Small Causes Court because it is an election tribunal, and therefore an application under the Limitation Act does not fall in its jurisdiction. Moreover, he found no merit in the contention that BMC Act allows a flexible period for filing a petition.Maniyar cited a rule under the Administration of Evacuee Property Act which provided that any petition for revision will be “ordinarily” done within sixty days. He said the Act does not categorically state that a petition must be filed within sixty days. The BMC Act provision regarding filing of election petition must be construed similarly, he argued. But, Justice Lodha ruled that language of the BMC Act provides no room for such flexibility. Its provisions clearly underline the time factor, which cannot be interfered with by an election tribunal.