An election petition must be presented within the statutory limitation period, and non-compliance with procedural requirements invalidates the petition, as confirmed by applicable case law.

1. Heard learned advocate Mr. C.B.Upadhyay with learned advocate Mr. Kirtan Mistry for the applicant - original respondent No.4 and learned advocate Ms. Ratna Vora for respondent No.4 - original petitioner.

2. On 30.08.2024, learned Advocate Mr. C.B.Upadhyay with learned advocate Mr. Kirtan Mistry made submissions for the application filed by the opponent being Election Application No. 3/2024 under O.7, R.11 of the Code of Civil Procedure,1908 to reject the petition and the matter was adjourned to enable learned advocate Ms. Vora appearing for the petitioner to make submissions for opposing the application.

3. Learned advocate Ms. Vora has made submissions on behalf of the opponent No.4 - original petitioner opposing the Election Application No. 3/2024.

4. Facts in nutshell for this Election Petition and applications filed therein can be summarized as under:
4.1 The original petitioner - opponent No.4 was one of the candidates who had filed the Nomination Form from the Gandhingar (North) - 36 constituency in the General Assembly Election of State of Gujarat held in 2022.
4.2 The said Form was rejected by the Returning Officer by assigning reason that the affidavit accompanying with Form is incomplete. Therefore, the petitioner had executed another affidavit on 18.11.2022. Election result was declared on 08.12.2022 by the Election Officer. The petitioner had also preferred Special Civil Application No. 26437/2022 being aggrieved by the order of the Election Commission dated 18.11.2022 rejecting the Nomination Form, however, on the ground of wrong respondents were being shown as party in such petition, such petition was dismissed at admission stage by order dated 02.01.2023.
4.3 The petitioner thereafter filed this Election Petition under S.81 of the Representation of the People Act, 1951 ('the RP Act' for short) on 10.01.2023. On presentation of the Election Petition, the Registry of this Court in check list, which is part of the main petition, on 11.01.2023 has carried out the verification and examined the petition and office objections at Sr. Nos. 4, 8, 9, 20, 22 and 23 were notified which are as under:
"4. Whether proper and full Court Fee is paid;
8. Whether the memo of petition / appeal is signed?
9. Whether duly signed and affirmed Affidavit in support is filed?;
20. Whether second set filed;
22. whether copies are true, legible and whether typed copies of hand - written Annexure filed?
23. Whether copies are true copies signed by the Advocate?"

5. When the Election Petition was presented, it was on 33rd day and Office Registry has calculated and examined the same as within time and accepted the same within time, however, the aforesaid office objections were intimated to the petitioner / clerk of the advocate of the petitioner on 16.01.2023 and the same were verified on 14.02.2023 as not having been removed and on 20.02.2023, the Dy Section Officer of the Registrar of the High Court has signed under the stamp "All office objections are removed."

6. On perusal of Presentation Form also, one Mr. Miren has signed on 20.02.2023 on behalf of the petitioner with remarks "O.O. Removed.".

7. Thus, it emerges from the record that the Office Objections were removed by the petitioner on 20.02.2023.

8. The Registry of the Court thereafter registered the Election Petition which was given File No. EP / 1158/2023 on 10.01.2023 as Election Petition No. 10/2023 on 20.02.2023 and circulated the same before this Court after being allotted as per the provision of S.86(2) of the RP Act by the Hon'ble the Chief Justice by order dated 21.02.2023. This Court on 24.02.2023 passed the order issuing the notice returnable on 27.03.2023.

9. Thus, from the above facts, it emerges that Election Petition No. 10/2023 which was presented on 10.01.2023 was pending for removal of Office Objection upto 20.02.2023.

10. Relevant Gujarat High Court Rules, 1993(for short" the Rules") are reproduced here - below:
"CHAPTER XXII
Rules under the Representation of People Act,1951
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