GULSHER AHMED Vs. ELECTION TRIBUNAL CHHATARPUR

JUDGEMENT

(1.) THIS is an application for extension of time under the proviso to Sub-section (3)of Section 116a, of the Representation of the People Act (hereinafter the Act) in this appeal, which has been admittedly filed late.

(2.) THE facts of the case are as follows : The election petition was dismissed by the tribunal under Section 90 (3) for non-compliance with the provisions of one of the sections mentioned therein. The present appellant filed a petition under Articles 226 and 227 of the Constitution challenging that decision. It was held by a division Bench, of which one of us (Chief Justice) was a member, that an appeal lay against the order under Section 98 read with Section 90 (3) of the Act. There being an alternative remedy available, the petition was ordered to be dismissed: gulsher Ahmad v. Election Tribunal, Chhatarpur, 1958 MPLJ 150 : (AIR 1958 MP 224 ).

(3.) BEFORE the order of the Division Bench was signed, the present appeal was filed, together with a prayer for extension of time and condonation of the delay. The reason stated in the application for extension of time was that the appellant had consulted shri R. S. Dabir, who advised him that no appeal lay and that the only remedy was under Article 226 and or Article 227 of the Constitution. The appellant submitted that he had acted bona fide on the advice of counsel and that he had acted with due diligence inasmuch as he filed his appeal without any further loss of time.