IMPORTANT POINT
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.

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:-

"81. Presentation of petitions. –

(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, 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.

Explanation.—In this sub-section, “elector” means a person who was entitled to vote at the election to which the election petition relates, whether he has voted at such election or not.

(2) [***]

(3) Every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition."

6. Section 86 of the Act, 1951 reads as under:-

"86. Trial of election petitions.—

(1) The High Court shall dismiss an election petition which does not comply with the provisions of section 81 or section 82 or section 117.

Explanation.—An order of the High Court dismissing an election petition under this sub-section shall be deemed to be an order made under clause (a) of section 98.

(2) As soon as may be after an election petition has been presented to the High Court, it shall be referred to the Judge or one of the Judges who has or have been assigned by the Chief Justice for the trial of election petitions under sub-section (2) of section 80A.

(3) Where more election petitions than one are presented to the High Court in respect of the same election, all of them shall be referred for trial to the same Judge who may, in his discretion, try them separately or in one or more groups.

(4) Any candidate not already a respondent shall, upon application made by him to the High Court within fourteen days from the date of commencement of the trial and subject to any order as to security for costs which may be made by the High Court, be entitled to be joined as a respondent.

Explanation.—For the purposes of this sub-section and of section 97, the trial of a petition shall be deemed to commence on the date fixed for the respondents to appear before the High Court and answer the claim or claims made in the petition.

(5) The High Court may, upon such terms as to costs and otherwise as it may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in its opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow any amendment of the petition which will have the effect of introducing particulars of a corrupt practice not previously alleged in the petition.

(6) The trial of an election petition shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion, unless the High Court finds the adjournment of the trial beyond the following day to be neces-sary