D.N.PRASAD, J. - (1.) THIS is an application for review of the Order dated 13.4.2001 filed under Section 87 of the R.P. Act. 1951 read with Order XLV1I. Rule 2 and Section 151 of the Code of Civil Procedure.
(2.) IT is stated that the certified copy of the Order dated 13.4.2001 was obtained, it was sent to Delhi with opinion of the local counsel to make a SLP before the Honble Supreme Court of India but on consideration, the same could not be preferred on the ground that there was no reference to the application under Section 87 of the R.P. Act, 1951 read with Order XIV. Rule 2, CPC. It is also stated that if the directions of the Election Commission were not capable to supplant the provisions of Representation of People Act. 1951, it is well within the jurisdiction and power of the Election Commission to issue direction consistent with the provisions of R.P. Act. 1951. Another petition has also been filed under Section 5 of the Limitation act to condone the delay in filing this Review application, on the grounds that after the certified copy of Order dated 13.4.2001 was obtained, it was sent to Delhi alongwith the opinion of the local counsel for filing SLP and it was on 30.5.2001, the respondent/petitioner was advised to move the Review application in the circumstances and as such there was delay of 26 days in filing this review, which may be condoned.
(3.) ON the other hand, rejoinder to the application for review has been filed on behalf of the petitioner/respondent, stating therein that this review application is hopelessly barred by limitation and no sufficient cause has been explained. Even after opening of the Court after summer vacation, this review application could not be filed on 26.5.2001 and for which there is no explanation. It is further stated that the learned counsel for the respondent/petitioner had argued on all the applications pending before this Honble Court at length and after considering all the applications pending, the order impugned was passed in detail which does not require to be reviewed as well as there is no error on the face of the order and as such this application for review is lit to be dismissed.;