9911796707
|
Home
Issues involved:
Dismissal of Election Petition on the preliminary issue of limitation without trial. Details of the Judgment: The appellant, a defeated candidate, challenged the election of the first respondent to the Haryana Legislative Assembly on various grounds through an election petition filed on 1.7.1996. The preliminary objection raised was regarding the limitation period of 45 days as per Section 81(1) of the Representation of the People Act, 1951. The Election Judge dismissed the petition on the basis that it was filed beyond the limitation period, relying on a Notification issued by the High Court setting the calendar of summer vacations. The appellant argued that the petition was filed within the limitation period as the High Court was closed for summer vacations between June 1 and June 30, 1996, and the petition was presented on the reopening day of July 1, 1996. The appellant relied on Section 10 of the General Clauses Act and previous judgments to support this argument. On the other hand, the returned candidate contended that the High Court remained open for hearing election petitions during the vacations as per the Notification, thus Section 10 of the General Clauses Act was not applicable. The Supreme Court analyzed Section 81(1) of the Act, emphasizing the special code and limitation period provided for filing election petitions. The Court deliberated on the applicability of Section 10 of the General Clauses Act when the limitation period expires during court vacations. The Court examined the Notification issued by the High Court, which specified that the court would remain open for hearing election petitions during the summer vacations, thus denying the benefit of Section 10 to save the limitation period in this case. The Court distinguished previous judgments where Section 10 was applied due to different vacation arrangements in those cases. It upheld the decision of the Election Judge to dismiss the petition on the ground of limitation, emphasizing the importance of adhering to statutory limitation periods, especially in election petition matters. The appeal was dismissed, and no costs were awarded. This judgment clarifies the application of Section 10 of the General Clauses Act in cases of limitation periods expiring during court vacations and underscores the significance of adhering to statutory timelines in election petition disputes to maintain the integrity of the electoral process.
|
