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SAMIT GOPAL
Prahlad Singh – Appellant
Versus
Yogesh Chaudhary – Respondent
JUDGMENT :
(Samit Gopal, J.)
1. Heard Sri Amit Kumar Pandey, learned counsel for the petitioner and perused the records.
2. The present election petition has been filed by the petitioner-Prahlad Singh challenging the election of returned candidate Yogesh Chowdhary (the respondent) as a Member of Legislative Council and that the same be set-aside and be declared null & void.
3. The case of the petitioner is that the returned candidate/respondent Yogesh Chaudhary has been declared as an elected person of the Uttar Pradesh Legislative Council by the Returning Officer, a certificate dated 14.03.2024 has been issued to the said effect.
4. The present election has been presented on 30.07.2024 before the Registrar General of this Court. The petition has been filed beyond time by 92 days.
5. Section 81 of the Representation of People Act, 1951 (hereinafter referred to as ‘The Act, 1951’) reads as under:-
(1) An election petition calling in question any election may be presented on one or more of the grounds specified in sub-section (1) of section 100 and section 101 to the High Court by any candidate at such election or any elector within forty-five days from, b
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.
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.
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.
Timeliness is crucial in election petitions; even minimal delay is not condonable, leading to automatic dismissal under the Representation of People Act, 1951.
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.
Election petitions must be filed within 45 days of election results; failure to comply with statutory requirements leads to dismissal.
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