Supreme Court of India · 2015-09-04
SMITA SUBHASH SAWANT vs JAGDEESHWARI JAGDISH AMIN .
- Citation / case number
- SC 2015/5663
- Court
- Supreme Court of India
- Petitioner
- SMITA SUBHASH SAWANT
- Respondent
- JAGDEESHWARI JAGDISH AMIN .
- Author
- Abhay Manohar Sapre
- Bench
- ABHAY MANOHAR SAPRE J. CHELAMESWAR
Judgment text excerpt
The Supreme Court upheld the High Court's decision affirming the validity of the election petition filed by respondent No.1 against the appellant's election as a Municipal Councilor, ruling that it was within the limitation period prescribed under Section 33 of the Mumbai Municipal Corporation Act, 1888. The Court clarified that the limitation period for filing an election petition begins from the date the list of elected candidates is published, which in this case was on 21.02.2012, making the petition filed on 28.02.2012 timely. The Court dismissed the appellant's contention that the petition was barred by limitation, thereby affirming the lower court's ruling.