Judgment

B. P. JEEVAN REDDY, J. - Heard the counsel for the parties. Leave granted.

2. This appeal raises the question whether S. 5 of the Limitation Act, 1963 is applicable to a recrimination notice given under S. 97 of the Representation of the People Act, 1951. The learned single Judge of the Karnataka High Court has held that it does not. His view is questioned by the returned candidate (first respondent in the election petition) before us.

3. The first respondent in the Election Petition who shall hereinafter be referred to as "appellant", was declared elected from Koppal parliamentary constituency during the general elections held for the 10th Lok Sabha. He contested on the Congress(1) ticket. The election-petitioner, referred to hereinafter as "the first respondent" had also contested from the said constituency on the ticket of Janata Dal. Having lost the election, the first respondent filed an election petition No. 8 of 1991 for a declaration that the election of the appellant from the said parliamentary constituency was void and for a further declaration that he himself has been duly elected therefrom. Since the appellant and some other respondents to the election petition co