Case Note & Summary
The dispute arose from an election petition filed by a defeated candidate challenging the election of the appellant. The election petition was filed in the Karnataka High Court, where the appellant was declared elected from the Koppal parliamentary constituency. Due to issues with serving notice, the High Court directed publication in a Kannada daily, and the appellant appeared on the publication date, seeking time to file a written statement. Subsequently, the appellant submitted a recrimination notice under Section 97 of the Representation of the People Act, along with an application under Section 5 of the Limitation Act to condone the delay in filing the notice. The High Court ruled that Section 5 was not applicable to recrimination notices, prompting the appellant to appeal to the Supreme Court. The Supreme Court examined whether the provisions of the Limitation Act applied to the proceedings under the Representation of the People Act. It concluded that the Act is a self-contained code and does not incorporate the provisions of the Limitation Act, particularly Section 5. The court emphasized that the language of Section 97 indicates that a recrimination notice is treated similarly to an election petition, and thus the same limitations apply. The court dismissed the appeal, affirming the High Court's decision and stating that the provisions of the Limitation Act do not govern the filing of election petitions or recrimination notices.
Headnote
A) Election Law - Recrimination Notice - Applicability of Limitation Act - Representation of the People Act, 1951, Section 97 - The court held that Section 5 of the Limitation Act does not apply to recrimination notices under the Representation of the People Act, as the Act does not incorporate provisions of the Limitation Act. The court reasoned that the Act equates a recrimination notice to an election petition, and since Section 5 does not apply to election petitions, it equally does not apply to recrimination notices (Paras 318-320).
Issue of Consideration
Whether Section 5 of the Limitation Act, 1963 is applicable to a recrimination notice under Section 97 of the Representation of the People Act, 1951
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's ruling that Section 5 of the Limitation Act does not apply to recrimination notices under Section 97 of the Representation of the People Act, 1951, and held that the Act is a self-contained code (Paras 318-320).
Law Points
- Limitation Act applicability
- recrimination notice
- election petition
- Representation of the People Act
- 1951
