LACHHMAN DASS ARORA Vs. GANESHI LAL

JUDGEMENT

(1.) ELECTION to the 8th Haryana Legislative Assembly was notified calling upon various constituencies of Haryana Legislative Assembly including Sirsa (82-Legislative Assembly ' Constituency) to elect its representatives. The last date for filing nomination papers was notified as 3. 4. 1996. The date of poll was notified as 27. 4. 1996. Counting Was to commence on 8. 5. 1996. After withdrawal of nomination papers within the time- allowed, a total of 76 candidates remained in the field as the contesting candidates in respect of Sirsa (82-Legislative Assembly Constituency ). The counting of votes started on 8. 5. 1996 and continued for two days. Result was ultimately declared by the Returning Officer on 10. 5. 1996 at about 5 p. m. Respondent No. 1, the returned candidate polled 35419 votes whereas the election petitioner Lachhman Dass Arora polled 31599 votes. Gopi Chand another candidate polled 22848 votes and Lekh Raj still another candidate polled 2045 votes whereas the other candidates polled less than 100 votes. The Returning Officer declared Ganeshi Lal, respondent No. 1 as returned candidate by a margin of 3820 votes on 10. 5. 1996. This undisputedly the date of election of the returned candidate for the purpose of Section 81 of the Representation of People Act, 1951 (for short 'the Act' ).

(2.) SECTION 81 of the Act provides that election petition calling in question any election may be presented by any candidate of such election within 45 days from the date of election of the returned candidate. The period of 45 days from the date of election i. e. 10. 5. 1996 for the purpose of filing election petition, admittedly, expired on 25. 6. 1996 and the election petition was presented by the petitioner through his advocate Shri Sanjiv Walia, at 3. 50 p. m. on 1. 7. 1996, in the Registry of this Court. The election petition was thus filed after the expiry of period of limitation.

(3.) IT may also be noticed that Registry of this Court also, at the time of scrutiny of the election petition, pointed out that the election petition has been filed on the 52nd day of the declaration of result and was, therefore, barred by time in view of the provisions of Section 81 (1) of the Act.