BHOGILAL PANDYA Vs. MAHARAWAL LAXMAN SINGH
HIGH COURT OF RAJASTHAN
MAHARAWAL LAXMAN SINGH
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(1.) THE respondent No. 1 having raised the plea of bar of limitation a preliminary issue was framed as follows:--"whether the petition is barred by time and therefore liable to be dismissed?"
(2.) ARGUMENTS were heard there is no controversy over the facts. The respondent no. 1 was declared elected on 21-2-1967. The election petition was filed on 7-41967. The period from 21-2-1967 to 7-4-1967 is a period of 46 days if both the days mentioned are counted, whereas it is a period of 45 days if the date of the election is not counted. The petitioner's case is that 21-2-1967 the day on which the respondent No. 1 was declared returned cannot be counted in view of the provisions of Section 12 (1) read with Section 29 (2) of the Limitation Act, and section 9 of the General Clauses Act. In support of his arguments he relied upon two judgments of the Supreme Court reported as T. C. Basappa v. T. Nagappa. 10 ele LR 14: (AIR 1954 SC 440) and Vidyacharan v. Khubchand, AIR 1964 SC 1099. Reliance was also placed upon Thete Gopal Ramji v. Amolokchand, (1952) 1 Ele LR 477 (Ele. Tri. Nasik) and Kashinath v. Shibban Lal, AIR 1959 All 54. The counsel for the respondent, however, took the stand that in view of the specific language of Section 81 of the Representation of the People Act (hereinafter referred to as "the Act") Section 12 (1) of the Limitation Act or Section 9 of the General Clauses act cannot be invoked. It was also contended that an election petition is neither a suit nor an appeal or an application within the meaning of Sections 12 (1) and 29 (1) of the limitation Act.
(3.) I have given the matter a very careful consideration and have come to the conclusion that the matter stands concluded by the two decisions of the Supreme court. The first case is 10 Ele LR 14: (AIR 1954 SC 440 ). The question of limitation in that case arose under the following circumstances -;
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