RAJ KUMAR YADAV Vs. SAMIR KUMAR MAHESETH

JUDGEMENT

(1.) An election petition presented under Section 81 of the Representation of the People Act, 1951 (hereinafter "the act", for short) has been directed to be dismissed as barred by time. Feeling aggrieved, the election petitioner has filed this appeal under Section 116a of the Act.

(2.) Shorn of all details, suffice it to state that the last date of limitation for presenting the election petition was 28.8.2003. What transpired in the High Court at the presentation may be described in the words of the learned designated Election Judge himself from the impugned judgment of the High Court. The relevant part is extracted and reproduced here- under:

(3.) The question arising for decision is : whether an election petition presented at 4.25 p. m. on 27.8.2003, the last date of limitation, admittedly 10 minutes after the Judge had risen from the open court but was available in chambers within the court premises can be said to be a valid presentation so as to be within the period of limitation