Ajay Prakash Patel vs Prescribed Authority Cum Sub ... on 17 January, 2025
The law laid down by the Division Bench of this High Court in Satya
Narayan versus Additional Commissioner, Ujjain & Others 2008 (1) M.P.LJ.
505 provided that the day on which the election was held to be excluded for
computing the period of limitation. In that case, the election was held on
January 29, 2005. The respondent No.2 was declared as elected member of
the Jila Panchayat. An election petition was maintainable within a period of
thirty days. The election petitioner filed election petition on February 28,
2005. As per the provisions of the General Clauses Act, 1957, the day on
which the election was held on January 29, 2005 to be excluded for
computing the period of limitation. The election petition had been filed
within the period of limitation. Even otherwise, it is fairly informed by
learned counsel for the parties that February 27, 2005 was a Sunday and the
election petition had been filed on the next opening day i.e February 28,
2005, therefore, the election petition was treated to be within limitation.