Case Note & Summary
The dispute arose from an election held on 25.11.1998 for the Legislative Assembly from the Raipur Gramin Assembly Constituency in Madhya Pradesh, where the appellant was declared elected on 28.11.1998. The respondent filed an election petition on 12.1.1999 under Section 81(1) of the Representation of the People Act, 1951, challenging the election results. The appellant contended that the petition was not maintainable as it was filed beyond the 45-day limitation period from the date of election. The respondent argued that the date of election should be excluded in the computation of the limitation period, citing Section 9 of the General Clauses Act, 1897. The court analyzed the relevant provisions of both the R.P. Act and the General Clauses Act, concluding that the limitation period for filing an election petition is indeed 45 days from the date of election, excluding the election date itself. The court referenced previous judgments affirming the applicability of Section 9 of the General Clauses Act in such cases. Ultimately, the court dismissed the appeal, affirming that the election petition was filed within the permissible time frame, thus upholding the lower court's decision.
Headnote
A) Election Law - Limitation Period for Election Petition - Exclusion of Election Date - Representation of the People Act, 1951, Section 81(1) - The court held that the date of election of the returned candidate is to be excluded in computing the limitation period for filing an election petition, as per Section 9 of the General Clauses Act, 1897. The election petition filed within the prescribed period was deemed timely, affirming the lower court's dismissal of the appellant's application (Paras 1-5).
Issue of Consideration
Whether the date of election of the returned candidate should be excluded in computing the period of limitation under Section 81(1) of the Representation of the People Act, 1951.
Final Decision
The Supreme Court dismissed the appeal, affirming that the election petition was filed within the permissible time frame by excluding the date of election from the computation of the limitation period.
Law Points
- Limitation period
- Election petition
- General Clauses Act
- Computation of time
- Representation of the People Act
