Judgment

Dr. A.S. Anand, CJI.-The appellant herein is aggrieved by the dis­missal of his Election Petition by the learned Election Judge of the High Court of Punjab & Haryana on the preliminary issue of limitation without trial.

2. The first respondent was declared elected to the Haryana Legisla­tive Assembly from Sirsa Assembly Constituency on 10.5.1996. The appellant, defeated candidate, called in question his election on various grounds by presenting an election petition on 1.7.1996 at 3.00 P.M. in the Registry of the High Court of Punjab & Haryana. The elec­tion petition was resisted and a preliminary objection was raised by respondent No. 1 to the effect that the election petition had not been filed within the period of 45 days as prescribed by Section 81(1) of the Representation of the People Act, 1951 (hereinafter “the Act”) and was as such liable to be dismissed. The learned Election Judge on the basis of the preliminary objection, raised the following issue :-

“Whether the election petition has been filed within the period of limitation?”

Vide judgment dated 16th July, 1997, the issue was decided against the election petitioner and consequently the election petition was dis­mi