MOHAMMAD ALI Vs. AZAD MOHD

JUDGEMENT

(1.) The election petition filed by the appellant challenging the election of the respondent was dismissed by the learned Election Judge of the High Court of Punjab and Haryana on the preliminary issue of limitation without trial on 4/07/1997*. The order of the High Court has been put in issue before us through this appeal.

(2.) The facts are not in dispute. The period of 45 days prescribed for filing an election petition expired during the period of summer vacations of the High Court i. e. 1/06/1996 to 30/06/1996 (both days inclusive). The election petition was admittedly filed on the reopening day of the High Court after the summer vacations on 1/07/1996. The learned Election Judge considered the effect of Notification dated 27th of November, 1995 issued by the High Court and held that the election petition filed on the reopening day of the High Court was barred by time because for the purpose of hearing election petitions etc. the Court was not "closed" during the summer vacations.

(3.) In Lachhman Das Arora v. Ganesh Lal, Civil Appeal No. 8343/97 decided on 1/09/1999 (reported in 1999 AIR SCW 3045) this Court has considered the effect of the very same Notification dated 27/11/1995 on the filing of an election petition on the reopening day of the High Court after summer vacations, when the prescribed period of limitation expired, during the summer vacations. After taking note of the provisions of the Representation of the People Act as well as Section 10 of the General Clauses Act, 1897, this Court has come to the conclusion that the election petition, was barred by time, because of the exception contained in the Notification itself. The opinion expressed in the said case applies to this case with full force. We adopt the reasoning given by the Bench in Lachhman Das Arora's case (supra) to this case also.