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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJAY KUMAR MISHRA
Gurubux Singh Ahluwalia – Appellant
Versus
Sanatan Mahakud – Respondent
| Table of Content |
|---|
| 1. delay in presentation of election petition. (Para 4 , 5) |
| 2. mandatory compliance with election laws. (Para 6 , 7) |
| 3. limitations on amendment of election petitions. (Para 8 , 9) |
| 4. non-extendable limits for filing election petitions. (Para 10) |
| 5. dismissal of election petition due to delay. (Para 11 , 12) |
ORDER :
This matter is taken up through hybrid mode.
3. In view of such submission made by Mr. Agarwal, learned Counsel, the Vakalatnama filed in the Court is taken on record.
5. Learned Counsel for the Election Petitioner further submits, the delay in presenting an Election Petition can be condoned by this Court, provided sufficient cause is shown in the Application. As the Election Petition was preferred after obtaining the information under the Right to Information Act, 2005 because of the conduct of the PIO to supply the necessary documents/information belatedly, the Election Petition could not be presented on time.
7. Drawing attention of this Court to the legal provisions under Section 81 read with Section 86 of the Representation of People Act, 1951, shortly, ‘the Act, 1951’ so also judgment of the Supreme Court reported in 1987 (Supp) SCC 93 ( (Dhartipakar Madan
Timeliness is crucial in election petitions; even minimal delay is not condonable, leading to automatic dismissal under the Representation of People Act, 1951.
Election petitions must be filed within the prescribed period, and delays cannot be condoned as per the Representation of the People Act, 1951.
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 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 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.
Election petitions must be filed within 45 days as per the Representation of People Act, and delays cannot be condoned under the Limitation Act.
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 be filed within 45 days of election results; failure to comply with statutory requirements leads to dismissal.
The provisions of Section 5 of the Limitation Act do not apply to election petitions under the U.P. Municipalities Act, as governed by special procedural laws.
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