MANOHAR JOSHI Vs. NITIN BHAURAO PATIL

JUDGEMENT

(1.) J:- This is an appeal under Section 116 A of the Representation of the People Act. 1951 (for short "the R. P. Act.") against the judgment dated 26-4-1993 by S. N. Variava J of the Bombay High Court in Election Petition No. 24 of 1990 whereby the election of the appellant Manohar Joshi to the Maharashtra Legislative Assembly from 32, Dadar Constituency of Grater Bombay held on 27-2-1990 has been declared to be void on the ground under Section 100 (1)(b) of the R. P. Act.

(2.) Manohar Joshi was the candidate of the BJP, Shiv Sena alliance at that election while the original election petitioner Bhaurao Patil (now dead), was the candidate of the Congress (1) Party. Manohar Joshi secured the highest number of Votes i, e, 47, 737, while Bhaurao Patil secured 24,354 votes. Accordingly, Manohar Joshi was declared duly elected on 1-3-1990.

(3.) Admittedly, the last date for filing the election petition according to the limitation prescribed in sub-section (1)of Section 81 of the R. P. Act was 14-4-1990 but the election petition was actually presented in the Bombay High court on 16-4-1990. It is also admitted that 14-4-1990 was a Saturday on which date the High Court as well as its office was closed on account of a public holiday and 15-4-1990 was a Sunday on which date also the High Court as will as its office was closed and, therefore, the election petition could not have been presented on either of these two dates. The first question which arises, relates to compliance's of Section 81 of the R. P. Act, the non, compliance of which renders the election petition liable for dismissal under section 86 of the R. P. Act .