Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Representation of the People Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Election laws : Representation of the People Act, 1951-Section 81-Patna High Court Rules-Rules 6 and 7-Limitation for presenting election petition-Election petition presented at 4.25 pm on the last date of limitation, 10 minutes after the Judge had risen from open court but still available in chambers within the court premises-Judge declined to receive the petition-He also declined to direct any official of the Registry to receive the same-Petition was presented on the next day when the Judge was sitting in open court-Validity of such presentation-Held: The presentation would be deemed to be within limitation and valid-Constitution of India, 1950-Article 225. Patna High Court Rules-Rules 6 and 7-Receipt of election petition -Suggestion by Court for clarification or amendment in the Patna High Court Rules so that the ministerial act of receiving the election petition be made by the administrative staff of High Court. Words and Phrases-"Day"-Meaning of-In context to Section 81 of the Representation of the People Act,1951. An Election petition was presented before the designated Election Judge of Patna High Court on 27-8-2003, the last date of limitation, at 4.25 p.m., 10 minutes after the Judge had risen from the open court but was still available in chambers within the court premises. The Election Judge declined to accept the petition beyond court hours, he being of the view that under the Patna High Court Rules the election petition could be filed only in the open court; nor did he make any other order such as directing any official of the Registry to receive the same. Election petitioner presented the Election Petition on the next day when the designated Election Judge was available and sitting in the open court. The Election Petition was subsequently dismissed as barred by limitation. Hence the present appeal. |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2005 INSC 130 |
Petitioner | Raj Kumar Yadav |
Respondent | Samir Kumar Mahaseth And Ors |
SCR | [2005] 2 S.C.R. 670 |
Judgement Date | 2005-03-11 |
Case Number | 595 |
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