ABHIMANYU RATH Vs. VIRENDRA PANDEY

JUDGEMENT

(1.) THIS is an election petition presented under Section 81 of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act') calling in question the election of the respondent to the Legislative Assembly of Madhya Pradesh from Jagdalpur Legislative assembly constituency. The petitioner seeks to challenge the election of the respondent on the sole ground of improper rejection of his nomination paper.

(2.) UNDISPUTEDLY, the respondent was declared elected by the returning officer on 14-6-1977. This petition was filed on 1-8-1977 and accordingly the office made a note indicating that the petition was barred by limitation as delayed by two days. According to the provisions of Section 81 of the Act, an election petition has to be filed within 45 days from the date of election. Section 67a of the Act as reproduced below defines the date of election to be the date on which a candidate in election is declared by the returning officer to be elected.

(3.) SHRI R. K. Pandey, learned counsel for the petitioner, rightly and fairly did not dispute this position. It was however, contended that since the petitioner has moved an application for condonation of delay under Section 5 of the Limitation act, 1963, the same is liable to be condoned and the petition deserves to be entertained.