challenging the election of Mr. Sanatan Mahakud, who has been elected as M.L.A., 25-Champua Assembly Constituency. Mr. Kanungo, learned Counsel for the Election Petitioner further submits, there is a delay of 9 days in presenting the Election Petition. The Election Petition could not be presented within 45 days as there was a delay on the part of the Public Information Officer (PIO) to supply the information and documents, based on which the Election Petition has been filed. Hence, the delay should be condoned. To substantiate his submission, Mr. Kanungo, learned counsel for the Election Petitioner relies on the judgment of the Supreme Court reported in (1974) 2 SCC 133 ( Hukumdev Narain Yadav Vs. Lalit Narain Mishra ). 5. Learned Counsel for the Election Petitioner further submits, the delay in presenting an Election Petition can be condoned by this Court, provided sufficient cause is shown in the Application. As the Election Petition was preferred after obtaining the information under the Right to Information Act, 2005 because of the conduct of the PIO to supply the necessary documents/information belatedly, the Election Petition could not be presented on time.
