Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | as prescribed uls.33(1) begins from the date on which the list D prescribed under clause (k) of s. 28 was available for sale or inspection - Mumbai Municipal Corporation Act 1888: s. 33(1) and 28(k) - Limitation period - For filing election petition - Challenging election of Municipal Corporator - Held: Period of 10 days for filing election petition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Mumbai Municipal Corporation Act, 1888:s. 33(1) and 28(k) - Limitation period - For filing electionpetition - Challenging election of Municipal Corporator -Held: Period of 10 days for filing election petition, asprescribed uls.33(1) begins from the date on which the list prescribed under clause (k) of s. 28 was available for sale orinspection - In the present case, the list prepared by theReturning Officer on 17. 2.2012 was issued uls. 28(k) and suchlist was also available for sale and inspection to the voters ofthe ward on 17.2.2012 itself- Thus, the limitation for filingthe election petition would begin from 17.2.2012 up to27.2.2012- The petition in the present case, since was filedon 28.2.2012 Would be barred by limitation and hence liableto be dismissed. s.28(k) - Power under- To State Election Commission- To frame rules - Rules not framed by the Commission -Leading to ambiguity in interpretation of s.28(k) - Held: Inabsence of the rules, the provision should be interpreted in ·a manner which may benefit the elected candidate rather thanthe election petitioner- The Commission is required to frameappropriate rules within reason.able time - Interpretation ofStatutes.s.33(1) - Interpretation of- With the aid of s. 10 and 32 |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2015 INSC 644 |
Petitioner | Smita Subhash Sawant |
Respondent | Jagdeeshwari Jagdishamin & Ors. |
SCR | [2015] 9 S.C.R. 600 |
Judgement Date | 2015-09-04 |
Case Number | 6848 |
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