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of <h1>Judicial Officer's Authority in Condoning Delay in Election Petitions under B.P.M.C. Act</h1> <h3>Yogesh Mangalsen Bahal Versus Rajesh Chimanrao Wable and Ors.</h3> The Court held that the Judge had the authority to condone the delay in filing the election petition under Section 435 of the B.P.M.C. Act. It was ... - Issues Involved:1. Power of the Judge to condone delay in filing an election petition under the B.P.M.C. Act.2. Applicability of the Limitation Act to election petitions under the B.P.M.C. Act.3. Interpretation of 'Judge' as persona designata or otherwise.Issue-wise Detailed Analysis:1. Power of the Judge to condone delay in filing an election petition under the B.P.M.C. Act:The petitioner challenged an order by the Civil Judge, Senior Division, Pune, which allowed a Miscellaneous Application for condonation of delay in filing an election petition. The petitioner argued that the Judge lacked the power to condone such delay, as the B.P.M.C. Act did not explicitly grant this authority. The petitioner contended that Section 16 of the B.P.M.C. Act, which governs election petitions, does not provide for condonation of delay, and thus, the order allowing the delay was without jurisdiction and patently illegal.2. Applicability of the Limitation Act to election petitions under the B.P.M.C. Act:The respondent argued that the Judge rightly took recourse to Section 435 of the B.P.M.C. Act, which allows the application of the Limitation Act, including Section 5, to proceedings under the Act. The respondent supported this argument by citing a Supreme Court decision (Shaikh Saidulu @ Saida v. Chukka Yesu Ratnam and Ors.), which held that the provisions of the Limitation Act could apply to election petitions. The Court examined Sections 16 and 435 of the B.P.M.C. Act and concluded that the Legislature intended for Sections 5, 12, and 14 of the Limitation Act to apply to election petitions, thereby allowing the Judge to condone delays.3. Interpretation of 'Judge' as persona designata or otherwise:The petitioner argued that the term 'Judge' in the B.P.M.C. Act referred to a persona designata, meaning a specific individual rather than a member of a class of judges, and thus, the Limitation Act would not apply. However, the Court referred to a Division Bench decision (Dayaram Tulshiram Rajguru v. Mamasaheb @ Balasaheb Bhimrao Janrao) and a Supreme Court decision (Thakur Das (dead) by Lrs. v. State of Madhya Pradesh and Anr.), which clarified that the term 'Judge' in this context refers to a judicial officer as a member of a class, not as a persona designata. Therefore, the Limitation Act's provisions could apply to proceedings before such a Judge.Conclusion:The Court concluded that the learned Judge had the authority to condone the delay in filing the election petition under Section 435 of the B.P.M.C. Act. The provisions of the Limitation Act, specifically Section 5, were applicable to election petitions under Section 16 of the B.P.M.C. Act. The term 'Judge' in the Act did not refer to a persona designata but to a judicial officer within a class, allowing the application of the Limitation Act. Consequently, the petition challenging the condonation of delay was dismissed, and the rule was discharged with no costs. The ad interim order was continued for twelve weeks to allow for any further legal proceedings.
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