Allahabad High Court Reinstates Omkar Gupta as Chairman of Nagar Panchayat

Election Petition Dismissed as Time-Barred; Section 5 of Limitation Act Deemed Inapplicable to U.P. Municipalities Act

In a significant ruling, the Allahabad High Court has quashed the order of the Additional District Judge, Ambedkar Nagar, which had allowed an election petition challenging the election of Omkar Gupta as Chairman of the Nagar Panchayat. The High Court held that the petition, filed beyond the prescribed limitation period, was not eligible for condonation under Section 5 of the Limitation Act, 1963, as the U.P. Municipalities Act, 1916, a special law, does not permit such extensions.

The case stemmed from the election held on May 11, 2023, where Omkar Gupta emerged victorious. However, an election petition was filed on July 18, 2023, by a rival candidate, beyond the 30-day limitation period specified in Section 20 of the U.P. Municipalities Act. The Additional District Judge had initially allowed the delay in filing, citing "sufficient cause," but this decision has now been overturned.

Justice Subhash Vidyarthi emphasized that the U.P. Municipalities Act is a comprehensive code with specific provisions that exclude the application of Section 5 of the Limitation Act to election petitions. The Court drew parallels with the Representation of the People Act, 1951, under which similar limitations are non-negotiable.

The High Court's judgment restores Omkar Gupta to his position as Chairman of Nagar Panchayat Ashrafpur Kichhauncha and nullifies the appointment of an administrator by the District Magistrate following the lower court's verdict. This decision underscores the principle that election-related disputes under the U.P. Municipalities Act must adhere strictly to the statutory timelines, reinforcing the legislative intent to limit judicial interference in electoral matters.

Bottom Line:

Section 5 of the Limitation Act, 1963 does not apply to election petitions filed under Section 20 of the U.P. Municipalities Act, 1916. The Act is a complete and self-contained code, and the legislature has specifically excluded the application of Section 5 to election petitions under this Act.

Statutory provision(s):

• U.P. Municipalities Act, 1916 Section 20, Limitation Act, 1963 Section 5, Constitution of India Article 243ZG(b), U.P. Municipalities Act, 1916 Section 23, Limitation Act, 1963 Section 12(2)

Omkar Gupta v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc Id # 2821014