Allahabad High Court
Ram Nath Priyadarshi Suman vs The Chief Election Commissioner Of ... on 23 July, 2021
Author: Anjani Kumar Mishra
Bench: Anjani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- ELECTION PETITION No. - 2 of 2021 Petitioner :- Ram Nath Priyadarshi Suman Respondent :- The Chief Election Commissioner Of India And 3 Others Counsel for Petitioner :- In Person Counsel for Respondent :- Tarun Agrawal,Bhupendra Nath Singh Hon'ble Anjani Kumar Mishra,J.
Shri Vidya Sagar, Advocate has filed his appearance on behalf of the petitioner in this election petition. The same is taken on record.
Heard learned counsel for the petitioner and Shri Tarun Agrawal, who appears for the State Election Commission.
This is an election petition filed by two petitioner for quashing the order dated 25.05.2019 declaring Smt. Keshari Devi Patel, respondent No.4 as elected from the Phoolpur Lok Sabha Constituency No. 51, Prayagraj, Uttar Pradesh.
The election petition was presented on 25.03.2021.
The petition as per the office report dated 23.1.2014 is beyond time by 626 days. There is no objection against the said report.
The petition is therefore clearly beyond time as reported.
The election petition which is in the nature of original proceedings has to be presented strictly within the limitation contained in the Act. There is no provision in the Act to condone the delay in its filing. The Act is a complete and a self contained code which does not admit introduction of the principles or the provisions of law contained in the Limitation Act and, therefore, the limitation Act is not applicable to the election petitions vide K. Venkereswara Rao and another Vs. Bekkam Narsimha Reddi & others AIR 1969 SC 872.
In Hukumdev Narain Yadav Vs. Lalit Narain Misra AIR 1974 SC 480 it has been held that even if the special law i.e. Representation of Peoples Act, 1951 does not specifically exclude the provisions of Section 4 to 24 of the Limitation Act nonetheless as the Act is a complete code in itself the provisions of the Limitation Act must be held to be necessarily excluded. Therefore, as the Limitation Act is not applicable to the election petitions under the Act, the delay in presentation of election petition is not liable to be condoned.
In view of the above, as the election petition has been presented beyond the period of limitation provided under Section 81 of the Act, it is a petition which does not comply with the statutory provision of Section 81 of the Act.
Accordingly, the petition is dismissed summarily under Section 86 of the Act for non compliance of provisions of Section 81 of the Act.
Order Date :- 23.7.2021 Priyanka