TUSHKHOPAO CHANGSEN Vs. ENGJALIAN LENTHANG & OTHERS

JUDGEMENT

(1.) The petitioner prays for a writ in the nature of prohibition and/or certiorari in the matter of Election Case No. 2 of 1981 pending before the Election Commissioner for Haflong-cum-Assistant District Judge No. 2, Cachar, Silchar, directing him not to proceed with the election case without deciding the preliminary issue viz., that the election petition is barred by limitation.

(2.) Mr. N.M. Lahiri, the learned Advocate General, Meghalaya canvasses two points before us viz., (1) that the election petition was filed beyond time in contravention of Rule 180 of the Assam Autonomous District (Constitution of District Council) Rules, 1951; and (2) that the Election Commissioner has been calling for a number of documents which are not relevant in the context of the pleadings of the petition.

(3.) Under Rule 180 of the Assam Autonomous District Constitution of District Council) Rules 1951, hereinafter referred to as 'the Rules' an election petition is required to be presented by any candidate or elector within sixty days from the date on which the result of the election is published in the Gazette. Admittedly, the result of the election called in question was published in the Gazette on 18 3.1930. The election petition was presented on 17.5.80. The material question is whether the election petition was presented "within 60 days from the date on which the result of the election is published in the Gazette." Rule 3 of the Rules deals with interpretation in case of doubt, and 3(1) provides: "Except where the context otherwise requires, the General Clauses Act, 1897, and the Assam General Clauses Act, 1915, shall apply for the interpretation of these rules as they apply for the interpretation of as Act of Parliament or of the Legislature of the State of Assam, as the case may be." We have examined the relevant rules but do not find anything in the context to suggest that this particular provision has to be interpreted otherwise than in accordance with the General Clauses Act, 1897 and the Assam General Clauses Act, 1915. Sec. 9 of the Assam General Clauses Act, 1915 provides as follows: