C P RAI Vs. KRISHAN LAL SHARMA

JUDGEMENT

(1.) In this election petition presented under Section 81 of the Representation of the People Act, 1951, hereinafter referred to as the 'Act', the petitioner has challenged the election of the respondent to the House of the People from the Outer Delhi Lok Sabha Constituency. The petitioner seeks to challenge the election of the respondent on the ground of improper reception of the nomination paper of the respondent and commission of corrupt practice by him.

(2.) It is stated in the election petition that the respondent was declared elected to the House of the People by the Returning Officer on 11.5.1996. The petition was presented by the petitioner in the Registry on 2.7.1996 at 2.15 p.m. On such presentation of an election petition, the Registry made a note indicating that the election petition is not within time. The election petition admittedly was accompanied by an application filed by the petitioner under Section 5 of the Limitation Act. The Registry indicated in the aforesaid report that the application under Section 5 of the Limitation Act has been filed. The Registry further indicated that the election petition has few other objections which were of the following nature:-

(3.) According to the provisions of Section 81 of the Act, an election petition has to be presented by the petitioner to the High Court within 45 days from the date of election. Section 67-A of the Act provides that the date on which a candidate is declared by the Returning Officer to be elected to a House of Parliament or of the legislature of the State shall be the date of election of that candidate.