Case Note & Summary
The appellant, Sri K. Narayana Reddy, contested the election to the Kolar Zilla Panchayat along with the first respondent and two others. The election result was declared on 23 February 2016, and the first respondent was declared elected. On 21 March 2016, the appellant filed an election petition under Section 15(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 before the Principal Senior Civil Judge, KGF. On 22 July 2016, the first respondent objected on the ground that the court lacked jurisdiction due to an amendment by Act No.44 of 2015, effective from 25 February 2016, which changed the forum to a Designated Court. On 18 August 2016, the petition was returned for presentation to the correct court. The appellant took back the petition on 19 August 2016 and presented it to the Designated Court on 23 August 2016, invoking Section 14 of the Limitation Act, 1963 to exclude the time spent in the wrong court. The Designated Court allowed the benefit of Section 14, excluding the period from 21 March 2016 to 19 August 2016. The first respondent challenged this order by filing a writ petition, which was allowed by the learned Single Judge on the ground that Section 14 of the Limitation Act is not applicable to election petitions under the said Act. The appellant appealed against that order. The High Court considered the applicability of Section 14 of the Limitation Act to election petitions. The court noted that the election petition is a civil proceeding and the Limitation Act applies unless expressly excluded. The court held that Section 14 is applicable and the time spent in the wrong court should be excluded. The court set aside the order of the learned Single Judge and restored the order of the Designated Court, allowing the appeal.
Headnote
A) Limitation Act - Applicability to Election Petitions - Section 14 - Exclusion of Time - The issue was whether Section 14 of the Limitation Act, 1963 applies to election petitions under Section 15(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. The court held that Section 14 is applicable, allowing exclusion of time spent in a court without jurisdiction, as the election petition is a civil proceeding and the Limitation Act applies unless expressly excluded. (Paras 4-6) B) Election Law - Forum for Election Petition - Amendment - Section 15(1) - The amendment by Act No.44 of 2015 changed the forum for filing election petitions from the Court of Civil Judge (Junior Division) to the Designated Court. The appellant filed in the wrong court before the amendment was brought to his notice, and the court allowed exclusion of time under Section 14 of the Limitation Act. (Paras 2-3)
Issue of Consideration
Whether Section 14 of the Limitation Act, 1963 is applicable to an election petition filed under Section 15(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, to exclude the time spent in prosecuting the petition in a court lacking jurisdiction.
Final Decision
The appeal is allowed. The order dated 17/01/2019 passed by the learned Single Judge in Writ Petition No.10479/2017 is set aside. The order dated 20/02/2017 passed by the Designated Court granting benefit of Section 14 of the Limitation Act to the appellant is restored.
Law Points
- Section 14 of Limitation Act
- 1963 applies to election petitions under Section 15(1) of Karnataka Gram Swaraj and Panchayat Raj Act
- 1993
- Exclusion of time spent in wrong court
- Liberal construction of limitation provisions for election petitions
