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1973 Supreme(SC) 439

P.JAGANMOHAN REDDY, P.K.GOSWAMI, S.N.DWIVEDI
Hukumdev Narain Yadav – Appellant
Versus
Lalit Narain Mishra – Respondent


Advocates:
C.M.OBEROI, D.GOVERDHAN CHARY, D.N.Mishra, J.B.DADACHAN, J.P.GOYAL, K.P.VARMA, PRANAB CHATTERJI, S.N.Mishra, S.V.Gupta, Santosh Singh, Udaipratap Singh, V.C.PRASHAR, VIRENDRA PRASAD SINHA

representation of people’s act is a self contained code which does not admit of the applicability of the limitation act

Judgment

JAGANMOHAN REDDY, J.:- In the bye-election to the Lok Sabha from Darbhanga Parliamentary Constituency held on January 30, 1972. the respondent Lalit Narain Mishra - a candidate of the Indian National Congress - was declared elected on February 2, 1972, by a margin of 91,078 votes against his rival Ramsewak Yadav - a candidate of the Socialist Party - at that election. The appellant an elector in that constituency presented an election petition on Monday, March 20, 1972, instead of on Saturday, March 18, 1972, which was the last day of limitation. The petition, however, was dismissed by the High Court as being time-barred. Against that judgment and order this appeal has been filed under S. 116-A of the Representation of the People Act, 1951 - (hereinafter referred to as `the Act ).

2. It may be mentioned that S. 80-A was added to the Act by the Amendment Act 47 of 1966, whereunder the High Court was given jurisdiction to try election petitions. This jurisdiction has to be exercised ordinarily by a Single Judge of that Court and the hief Justice could from ti






























































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