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1956 Supreme(SC) 114

S.R.DASS, T.L.VENKATARAMA AYYAR, B.P.SINHA, P.N.BHAGWATI
Harinder Singh – Appellant
Versus
S. Kamail Singh – Respondent


Advocates:
A.N.SINHA, C.K.DAFTARY, Gopal Singh, J.B.DADACHAN, K.C.PURI, N.C.CHATTERJI, RAJINDAR NARAIN, RAMESHWAR NATH ROY, S.N.ANDLEY

Judgment

VENKATARAMA AYYAR, J.:- The appellant was one of the candidates who stood for election to the Legislative Assembly of the Patiala and East Punjab States Union from the Faridkot Constituency in the General Elections held in 1954. He secured the largest number of votes, and was declared duly elected. The result was notified in the Official Gazette on February 27, 1954, and, the return of the election expenses was published therein on May 2, 1954. On May 18, 1954, the first respondent filed a petition under S. 81 of the Representation of the People Act, No. XLIII of 1951, hereinafter referred to as the Act, and therein he prayed that the election of the appellant might be declared void on the ground that he and his agents had committed various corrupt and illegal practices, of which particulars were given. The appellant filed a written statement denying these allegations. He therein raised the further contention that the election petition had not been presented within the time limited by law, and was therefore liable to be dismissed. Rule 119, which prescribes the period within which election petitions have to be filed, runs, so far as it is material, as follows:

119. "Time wi





































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