AJIT SINGH Vs. NUSRAT ALI KHAN

JUDGEMENT

(1.) This order shall decide Issue No. 3 framed as under :-"ISSUE NO. 3 :Whether the petition is barred by limitation and is liable to be dismissed.

(2.) General election to elect 117 members of Punjab Legislative Assembly was held in the State of Punjab in February, 1997. Election in 81-Malerkotla assembly constituency was held on February 7, 1997. Result was declared on February 9, 1997 at mid-night for that constituency and the respondent Nusrat Ali Khan was declared elected.

(3.) This election petition was filed on March 31, 1997 jointly by Ajit Singh and Mohammad Ashraf under the Representation of the People Act, 1951 (for short, "the Act"), Challenging the election of the respondent. After this election petition was filed in the office of the High Court, the Deputy Registrar (Judicial) pointed out, among certain other defects, that the petition was time barred because it was filed on the 50th day from the date of declaration of the result as against the period of limitation of 45 days under Section 81 (1) of the Act. The respondent has also raised a plea in his written statement that the election petition is barred by limitation. Result of 81-Malerkotla assembly constituency was declared on February 9, 1997. The period of limitation of 45 days expired on March 26, 1997. The election petition was filed on March 31, 1997.