SMT. KANDIMALLA JAYAMMA Vs. EDARA VENKATESWARLU AND OTHERS

JUDGEMENT

(1.) R-1 in E.P. 32/90 filed this application praying for dismissal of the Election Petition by contending that it was filed after the expiry of period of limitation prescribed. The election for the Chilakaffioripeta constituency of A.P. State Legislature was held on 22-11-89. On 27-11-89 R-1 in the E.P. i.e. applicant herein was declared elected. As per Sec. 81 (1) of the Representation of the People Act, the election petition has to be presented within 45 days from the date on which the candidate was declared elected. The date on which the candidate was declared elected has to be excluded for computing the period of limitation. So the last date for filing the Election Petition in this case was 11-1-1990. But it was presented on 15-1-1990.

(2.) The High Court of A.P. at Hyderabad issued the notification R.O.C. No. 5463/89-C3, dated 29-12-89 and relevant portion is as under:-

(3.) As the last date of limitation had fallen during Sankranthi vacation, the Election Petition was filed on 15-1-90 the date on which the High Court was reopened after vacation and hence it is not barred by time, contended the learned counsel for the Election Petitioner.