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RAJAN ROY
Maneka Sanjay Gandhi – Appellant
Versus
Rambhual Nishad – Respondent
JUDGMENT :
RAJAN ROY, J.
1. Heard Mr. Siddharth Luthra, learned Senior Advocate assisted by Mr. Prashant Singh Atal, Mr. Amit Jaiswal, Dr. Pooja Singh and Mr. Vijay Vikram Singh for the election-petitioner.
2. This Election Petition has been filed by the petitioner-Maneka Sanjay Gandhi challenging election of the returned candidate-Rambhual Nishad as Member of Parliament from Sultanpur 38-Lok Sabha constituency and that the same be declared as null and void and be set aside.
3. It is admitted case of the petitioner herein that the returned candidate was elected on 04.06.2024 and the result of was declared on 06.06.2024. This election petition has been filed on 27.07.2024.
4. As per Section 81 of the Representation of People Act, 1951 (hereinafter referred as ‘Act 1951’) such an election petition can be filed within 45 days from, but not earlier than the date of election of the returned candidate or if there are more than one returned candidate at the election and dates of their election are different, the later of those two dates.
5. The election petition has apparently been filed beyond the period of 45 days prescribed in Section 81 of the Act 1951. Section 86 of the Act 1951 provides t
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.
Timeliness is crucial in election petitions; even minimal delay is not condonable, leading to automatic dismissal under the Representation of People Act, 1951.
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 Limitation Act, 1963 does not apply to election petitions under the U.P. Kshettra Panchayat and Zila Panchayat Act, and petitions filed beyond the specified timeframe are not maintainable.
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.
The court established that the limitation period for filing election petitions under the Bihar Panchayat Raj Act is mandatory and cannot be extended or condoned, as there are no provisions allowing f....
An election petition filed beyond the statutory limitation cannot be condoned under the Representation of People Act, 1951.
Election petitions must be filed within 45 days of election results; failure to comply with statutory requirements leads to dismissal.
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