IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 11252 of 2009 Date of Decision: 29.7.2009. Harnek Singh --Petitioner Versus Presiding Officer, Election Tribunal and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Vishal Garg, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) The petitioner is aggrieved of the order dated 22.5.2009 passed by the Election Tribunal (ADC), Sangrur, whereby the election petition of the petitioner has been dismissed being barred by limitation. Earlier the petitioner had challenged the election of the Panch i.e respondent no.4, Panch of Gram Panchayat Kheri Sodhian, Tehsil Malerkotla, District Sangrur in CWP No. 13318 of 2008. This writ petition came to be disposed of vide order dated 17.10.2008. The Court was of the opinion that the petitioner had a more efficacious and alternative remedy by filing the election petition. On the basis of the aforesaid opinion the petitioner was granted liberty to withdraw this petition and approach the Tribunal by way of an election petition. It was also observed that the limitation for filing election petition was 45 days. However, in view of the pendency of the petition, the petitioner was granted liberty to file the petition within three weeks and in such an eventuality the Tribunal was directed to decide the petition on merit. CWP. No. 11252 of 2009 -2- It is admitted case of the petitioner that the election petition was presented before the Election Tribunal beyond the time prescribed. It is contended on behalf of the petitioner that the copy of the order passed by this Court was made available to the petitioner on 1.11.2008 and thus the election petition was presented on 17.11.2008. The Tribunal has held that the petitioner could have filed the petition up to 7.11.2008 from 17.10.2008, the date this Court had passed the order, still the petitioner is late by 10 days. As a matter of fact the Tribunal had no option but to dismiss the election petition on limitation in view of the clear and categoric directions of this Court, which reads as under:- “ In case the election petition is filed within three weeks from today, the Election Tribunal is directed to decide the same on merits expeditiously.” If, the petitioner had any problem in filing the election petition within the time specified by this Court, it was open to him to have sought extension of time from this Court. The petitioner, however, chose not to do so and approached the Tribunal beyond the time prescribed by this Court. Tribunal has rightly dismissed the petition on limitation. I do not find any merit in this petition, which is accordingly dismissed. (PERMOD KOHLI) JUDGE 29.7.2009 lucky