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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
SUBHASH VIDYARTHI
Omkar Gupta – Appellant
Versus
State of U.P. Thru. Prin. Secy. Deptt. of Urban Deve. Lko – Respondent
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Sri J. N. Mathur Senior Advocate assisted by Sri MuditAgarwal Advocate, the learned counsel for the petitioner, Sri Rahul Shukla, the learned Additional Chief Standing Counsel appearing on behalf of the State/opposite parties no.1 and 2, Dr. L. P. Mishra, Sri Syed Aftab Ahmad and Sri Ayush Chaudhary Advocates, the learned counsel for the oppositeparty no.4 and perused the records.
2. By means of the instant petition filed under Article 226 of theConstitution of India the petitioner has challenged the validity of an order dated 04.11.2025, passed by learned Additional District Judge (F.T.C.-I), Ambedkar Nagar in Election Petition No.4 of 2023, whereby an application under Section 5 of Limitation Act for condonation of delay in filing election petition has been allowed, the delay in filing the election petition has been condoned and the preliminary issue that the election petition was barred bythe prescribed period of limitation, has been decided in the negative. Thereafter the election petition itself has been allowed by means of a judgment and order dated 15.11.2025 and the petitioner has challenged the validity of that judgment also.
3. As a
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.
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 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 provisions of the Limitation Act, particularly Section 5, are not applicable to election petitions under the Assam Municipal Act, as it is a self-contained code governing its own limitations.
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 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....
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....
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.
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