CHANDRA KISHORE JHA Vs. MAHAVIR PRASAD

JUDGEMENT

(1.) -Election of Respondent No. 1 to the Bihar Legislative Assembly from 86, Ghanshyampur Assembly Constituency, held in March, 1995, was challenged by the appellant through an Election Petition on various grounds. The Election Petition was resisted by the returned candidate and certain preliminary objections were also raised. The returned candidate on 14-8-1997 filed an application under Section 81(1) read with Section 86 of the Representation of the People Act, 1951 (hereinafter the Act) in the High Court of Patna seeking dismissal of the election petition, on the ground that the petition presented on 17-5-1995 was beyond the period of limitation and thus liable to be dismissed under Section 86 of the Act. The application was decided in favour of the returned candidate and the learned designated election Judge vide order dated 3rd October, 1997 dismissed the election petition, without trial, as barred by limitation. Aggrieved, the appellant is before us.

(2.) The only issue debated before us centers around the non-filing of the election petition within the prescribed period of 45 days from the date of election. Reference to some dates, which are not in dispute, becomes necessary at the outset.

(3.) After the polling of votes, counting of ballot papers took place on 31st March, 1995. The result was declared on 1-4-1995. (Initially, there was some dispute with regard to the exact date when the result was declared, i.e., whether on 31-3-1995 or 1-4-1995 or 2-4-1995, but both, before the learned designated election Judge as well as in this Court, on the basis of the record, it has been admitted by learned counsel for the parties that the result of the election was declared on 1-4-1995). The election petition was presented to the learned designated election Judge in the 'open Court' on 17-5-1995. The prescribed period of 45 days within which the election petition could be filed expired on 16-5-1995.