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C. M. POONACHA
Mujahid Rauf Mazhari – Appellant
Versus
Election Commission Karnataka State Bengaluru – Respondent
ORDER :
C.M. Poonacha, J. - The present petition is filed seeking for the following reliefs:
ii) Issue any other order or any other relief for which the petitioner is found entitled to be awarded in the interest of justice and equity."
2. The declaration that the fourth respondent was elected from the Kalaburagi North Constituency i.e., Constituency No.45 to the Legislative Assembly of Karnataka was issued vide notification by the Election Commission of India which was published in the gazette on 14.5.2023. The present petition is filed on 30.6.2023 i.e., after a lapse of 47 days from the declaration of result.
3. The registry is raised an objection that there is a delay in filing the present petition.
4. The petitioner has filed IA.No.1/2023 under Section 5 of the Limitation Act for condoning the delay of 3 days.
5. Section 81(1) and Section 86(1) of the Representation of People Act, 1951 states as follows:
Election petitions must be filed within 45 days as per the Representation of People Act, and delays cannot be condoned under the Limitation Act.
Election petitions must be filed within the prescribed period, and delays cannot be condoned as per the Representation of the People Act, 1951.
Timeliness is crucial in election petitions; even minimal delay is not condonable, leading to automatic dismissal under the Representation of People Act, 1951.
An election petition filed beyond the statutory limitation cannot be condoned under the Representation of People Act, 1951.
The election petition was dismissed for being filed beyond the 45-day limit set by the Representation of People Act, 1951, with no provision for condonation of delay.
The Representation of People Act, 1951 mandates strict adherence to the limitation period for filing election petitions, and non-compliance results in dismissal without consideration of merits.
The limitation period for election petitions under the Representation of the People Act is strict and cannot be extended, and claims of fraud must be substantiated with evidence.
The court established that the filing of an election petition must be strictly interpreted in accordance with the statutory time limits, and procedural delays in registration do not invalidate a time....
Election petitions must comply with mandatory provisions of the Representation of the People Act, 1951, including timely filing and joining necessary parties, or they will be dismissed.
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