On the other hand, learned counsel for the respondents submitted that the election of Sarpanch could be challenged by filing the election petition within 45 days from the date of election in terms of Section 76 of the Punjab State Election Commission Act, 1994 (for short “the Act”). The delay in filing of the election petition cannot be condoned. However, in the writ petition, filed by the appellant three weeks time was granted to him on November 5, 2008 for filing the election petition. The appellant having not filed the election petition within the permissible time, the same has rightly been dismissed by the Tribunal. He further submitted that even after the order was passed on the election petition, the appellant filed Civil Misc. No.3264 of 2009 in the already decided Civil Writ Petition No.13701 of 2008 seeking extension of time, which was dismissed on February 20, 2009, rejecting the prayer of the appellant. However, it was observed that the appellant may challenge the order by way of appeal which can be filed before this court.
