- (1.) An election petition presented under Section 81 of the Representation of the People Act, 1951 (hereinafter "the act", for short) has been directed to be dismissed as barred by time. Feeling aggrieved, the election petitioner has filed this appeal under Section 116a of the Act.
(2.) Shorn of all details, suffice it to state that the last date of limitation for presenting the election petition was 28.8.2003. What transpired in the High Court at the presentation may be described in the words of the learned designated Election Judge himself from the impugned judgment of the High Court. The relevant part is extracted and reproduced here- under: ".. The admitted position is that the period of limitation of forty five days expired on 27.8.2003 on which date the designated Judge was sitting in court till 4.15 P. M. The court hours having expired, the designated election Judge retired into the chambers where at 4.45 p. M. Sri P. K. Verma, the learned counsel for the appellant came and wanted to file this election petition. Since under high Court Rules the election petitions could be filed only in the open court, I, as the designated election Judge refused to accept the petition beyond court hours. Learned counsel said that though petition was made ready that very day for presentation, because of some delay in finalizing it, he had gone to the court after court hours but by that time the Judge had retired to his chambers. Learned Counsel also requested in chambers that the Court Officer might be directed to accept that by making an initial over the petition noting the time of presentation so that the petition might be presented on the next working day. Since High Court Rules did not permit that, I refused that prayer also. This was how the learned counsel presented the petition in the open court on 28.8.2003. . "
(3.) The question arising for decision is : whether an election petition presented at 4.25 p. m. on 27.8.2003, the last date of limitation, admittedly 10 minutes after the Judge had risen from the open court but was available in chambers within the court premises can be said to be a valid presentation so as to be within the period of limitation;