Opinion
March 13, 1968.
May 21, 1968.
Appeals — Appellate procedure — Election contest — Rule 68 1/2 — Petition for certiorari — Timeliness.
1. In order to obtain appellate review of an order involving an election contest, the proper procedure is to file a petition for certiorari under Supreme Court Rule 68 1/2 within thirty days from the date of the order sought to be reviewed.
2. An appeal from an order involving an election contest must be quashed.
Mr. Justice MUSMANNO dissented.
Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 88, March T., 1968, from order of Court of Common Pleas of Butler County, Dec. T., 1967, No. 23, in re township supervisor election Forward Township. Appeal quashed.
Election recount to determine validity of seventy-three ballots cast.
Order entered directing Butler County Board of Election to issue certificate of election to specified candidate. Defeated candidate appealed and subsequently petitioned for allowance of appeal nunc pro tunc.
Carmen V. Marinaro, for appellant.
A. R. Cingolani, Jr., for appellee.
The appellant-petitioner took an appeal from the order of the lower Court involving an election contest. This was error. The proper procedure was to file a petition for certiorari under Supreme Court Rule 68 1/2 within thirty days from the date of the order sought to be reviewed. No petition was filed within the thirty-day time limit. Thereafter, a petition was filed by the petitioner-appellant, Harold H. Rape, for allowance of an appeal nunc pro tunc under Rule 68 1/2. We find no merit in this petition.
Petition denied and appeal quashed.
Mr. Justice MUSMANNO dissents.