ORDER

The election petition filed by the appellant challenging the election of the respondent was dismissed by the learned Election Judge of the High Court of Punjab & Haryana on the preliminary issue of limitation without trial on 4th July, 1997. The order of the High Court has been put in issue before us through this appeal.

2. The facts are not in dispute. The period of 45 days prescribed for filing an election petition expired during the period of summer vacations of the High Court i.e. June 1, 1996 to June 30, 1996 (both days inclusive). The election petition was admittedly filed on the re-opening day of the High Court after the summer vacations on July 1, 1996. The learned Election Judge considered the effect on Notification dated 27th of November, 1995 issued by the High Court and held that the election petition filed on the reopening day of the High Court was barred by time because for the purpose of hearing election petitions etc. the court was not "closed" during the summer vacations.

3. In Lachhman Das Arora v. Ganeshi Lal & Ors.1, this Court has considered the effect of the very same Notification dated 27th November, 1995 on the filing of an election petition on the re-op