CHHANGANI, J.—The respondent No. 1 having raised the plea of bar of limitation a preliminary issue was framed as follows:—

"Whether the petition is barred by time and therefore liable to be dismissed?

2. Arguments were heard. There is no controversy over the facts. The respondent No. 1 was declared elected on 21.2.1967. The election petition was filed on 7.4.1967. The period from 21.2.1967 to 7.4.1967 is a period of 46 days if both the days mentioned are counted, whereas it is a period of 45 days if the date of the election is not counted. The petitioners case is that 21.2.1967 the day on which the respondent No 1 was declared returned cannot be counted in view of the provisions of sec. 12(1) read with sec 29(2) of the Limitation Act, and sec. 9 of the General Clause Act. In support of his arguments he relied upon two judgments of the Supreme Court reported as T. C. Basappa vs. T. Nagappa and another (1) and Vidya-charan V. Khubchand(2). Reliance was also placed upon Thete Gopal Ramji V. Amolock Chand and others(3) and Kashinath V. Shibbem Lal(4). The Counsel for the respondent, however, took the stand that in view of the specific language of sec. 81 of the Representation of the Peop

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