BHAKTI BH MONDAL Vs. KHAGENDRA K BANDOPADHYA

JUDGEMENT

(1.) This is an election petition in respect of the Dubrajpur Constituency in the District of Birbhum. The petitioner was a candidate in this constituency in the last General Election and had lost to the respondent No. 1 by a margin of 290 votes. The Returning Officer declared the result of the election on the 23rd February 1967. The petitioner wanted to present his election petition on the 17th April, 1967. There were doubts in my mind as to whether the petitioner came to this Court within time. The petitioner's Counsel then submitted to me that he did not want to take the risk; and would make an application for condonation of the delay, if any, in presenting the petition. Accordingly, an application for condonation, if necessary, has beep made.

(2.) For the last two days I have heard arguments of the petitioner's counsel, the Advocate General (who is appearing for the District Election Officer and the Returning Officer, the respondents Nos. 3 and 4 herein) and counsel for the respondent No. 1. This morning I was told by the petitioner's counsel that he did not wish to press the application for condonation of delay and was desirous of having my decision on the merits of the point raised by him, namely, that the petition was within time. I, accordingly, gave direction that there would be no order on the application for condonation of delay and no order as to costs of that application as well. I was proceeding to express my views on the principal point of the petitioner's counsel that the petition was not barred by limitation. At this stage the petitioner himself intervened. He said to me that his Counsel had withdrawn the application for condonation of delay without his instructions. He asked for my leave to discharge all his Advocates and submitted to me that he should be given permission to argue his case in person on condonation of delay. For ends of justice I have heard his arguments appearing in person. I would now express my views both on the merits and on the issue of condonation.

(3.) The petitioner's counsel first drew my attention to Section 81 of the Representation of the People Act, 1951. The relevant provisions of this Section are as follows :--