An election petition must be filed within the limitation period prescribed under Section 81(1) of the Representation of People Act, 1951, and a notification issued by the High Court stating that the Court would remain open for the purpose of filing and hearing election petitions during the summer vacations does not extend the limitation period.

G.C.Garg, J.

1. Election to the 8th Haryana Legislative Assembly was notified calling upon various constituencies of Haryana Legislative Assembly including Sirsa (82-Legislative Assembly Constituency) to elect its representatives. The last date for filing nomination papers was notified as 3.4.1996. The date of poll was notified as 27.4.1996. Counting Was to commence on 8.5.1996. After withdrawal of nomination papers within the time- allowed, a total of 76 candidates remained in the field as the contesting candidates in respect of Sirsa (82-Legislative Assembly Constituency). The counting of votes started on 8.5.1996 and continued for two days. Result was ultimately declared by the Returning Officer on 10.5.1996 at about 5 p.m. Respondent No. 1, the returned candidate polled 35419 votes whereas the election petitioner Lachhman Dass Arora polled 31599 votes. Gopi Chand another candidate polled 22848 votes and Lekh Raj still another candidate polled 2045 votes whereas the other candidates polled less than 100 votes. The Returning Officer declared Ganeshi Lal, respondent No. 1 as returned candidate by a margin of 3820 votes on 10.5.1996. This undisputedly the date of election of the returned candidate for the purpose of Section 81 of the Representation of People Act, 1951 (for short the Act).

2. Section 81 of the Act provides that election petition calling in question any election may be presented by any candidate of such election within 45 days from the date of election of the returned candidate. The period of 45 days from the date of election i.e. 10.5.1996 for the purpose of filing election petition, admittedly, expired on 25.6.1996 and the election petition was presented by the petitioner through his advocate Shri Sanjiv Walia, at 3.50 p.m. on 1.7.1996, in the Registry of this Court. The election petition was thus filed after the expiry of period of limitation.

3. In response to notice of the election petition, only Ganeshi Lal the returned candidate filed written statement. A preliminary objection was raised that the election petition was not instituted within the prescribed period of limitation as provided in Section 81(1) of the Act and was, therefore, liable to be dismissed. It was highlighted that the High Court vide its notification No. 313/Genl. XVII3. dated 27.11.1995 specifically notified for general information that the Court of Punjab and Haryana at Chandigarh will be closed for Civil business except for hearing Election Petitions or any other matter arising out of the Representation of People, Act, 1951, on account of long vacations in the year 1996 from June 1 to June 36, 1996 (both days inclusive). The contesting respondent also raised various other pleas and controverted the allegations made in the election petition.

4. It may also be noticed that Registry of this Court also, at the time of scrutiny of the election petition, pointed out that the election petition has been filed on the 52nd day of the declaration of result and was, therefore, barred by time in view of the provisions of Section 81(1) of the Act.

5. Election petitioner filed replication and on the oral prayer of the learned counsel for the petitioner it was taken on record after supplying a copy thereof to the opposite counsel.

6. Learned counsel for respondent No. 1, the returned candidate submitted that the election petition deserves to be dismissed on the ground that ii has been presented after the expiry of period of limitation as prescribed under the Act and thus after hearing learned counsel for the parties, a preliminary issue was framed to the following effect.

Whether the election petition has been filed within the period of limitation? O.P. Parties.

7. Learned counsel for the petitioner placing heavy reliance on notification No. 312-Genl./XVII. 3 dated 27.11.1995 published in the Chandigarh Administration Gazette on 1.1.1996 submitted that vide this notification, the calendar of holidays in the year commencing 1.1.1996 to 31.12.1