ASHOK SHANKARRAO CHAVAN Vs. ANIL TRAYAMBAKRAO PATIL

JUDGEMENT

(1.) THIS Civil Application is filed in Election Petition raising question of limitation that the Election Petition is barred by time.

(2.) THE above Election Petition has been filed by both the petitioners seeking declaration that Lok Sabha election of respondent No 1. Ashok Shankarrao Chavan as successful candidate be held void as he is guilty of corrupt practices. In this petition, issues are framed at Exhibit 19 and Issue No. 1 is whether this election petition is barred by limitation.

(3.) RESPONDENT No. 1 the successful candidate and the contesting defendant has a different version to offer. He contends that as the petition is not filed within 45 days, it is obviously barred by time because Summer Vacation cannot be deducted as the Office of the High Court was open and the election petition could have been filed even in Summer Vacation. In support, High Court Notification dated December 8, 1986, the material part of which is as under, is relied upon. During the Summer and October Vacations the Offices on the Original Side will remain open daily from 1100 a.m. to 4.15 p.m. except on. Saturdays, Sundays and closed holidays. But no work except of an urgent character will be received after 1 -15 p.m. The Offices on the Appellate Side will also remain open daily from 11.00 am to 4.15 p.m. except on Saturdays, Sundays and closed holidays during the Summer and October Vacations. The offices will, however, remain closed for filing of Judicial matters, except the following: (a) Criminal cases, (b) Applications in Civil Oases seeking urgent relief, and (c) Matters to which the provisions of Section 4 of the Limitation Act, 1963, are not applicable.