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Usham Deben Singh vs Md Fajur Rahim Aged About 51 Years on 14 June, 2024

[39] The next plea is limitation. Mr. M. Hemchandra, learned senior counsel for the returned candidate submits that the result was declared on 10.03.2022, the election petition was filed on 22.04.2022 and was registered on 30.04.2022. It is stated that there was a delay of 5 days in registration of election petition and the word 'presented' used in Section 81 of RPA, 1951 should be read as 'registered' and hence the election petition registered on 30.04.2022 is barred by 5 days. [40] On perusal of the record, it is found that the election petition was filed on 22.04.2022 before the Stamp Reporter of this Court and registered on 30.04.2022. Section 81 of the Act mandates that the election petition be presented within 45 days from the date of MC(EP) NO. 87 OF 2022 IN EP NO. 23 OF 2022: USHAM DEBAN SINGH V. MD. FAJUR RAHIM 26 declaration of result of the returned candidate.
Manipur High Court Cites 43 - Cited by 0 - A G Sharma - Full Document

Usham Deben Singh vs Md Fajur Rahim Aged About 51 Years on 14 June, 2024

[39] The next plea is limitation. Mr. M. Hemchandra, learned senior counsel for the returned candidate submits that the result was declared on 10.03.2022, the election petition was filed on 22.04.2022 and was registered on 30.04.2022. It is stated that there was a delay of 5 days in registration of election petition and the word 'presented' used in Section 81 of RPA, 1951 should be read as 'registered' and hence the election petition registered on 30.04.2022 is barred by 5 days. [40] On perusal of the record, it is found that the election petition was filed on 22.04.2022 before the Stamp Reporter of this Court and registered on 30.04.2022. Section 81 of the Act mandates that the election petition be presented within 45 days from the date of MC(EP) NO. 87 OF 2022 IN EP NO. 23 OF 2022: USHAM DEBAN SINGH V. MD. FAJUR RAHIM 26 declaration of result of the returned candidate.
Manipur High Court Cites 43 - Cited by 0 - A G Sharma - Full Document

Usham Deben Singh vs Md Fajur Rahim Aged About 51 Years on 14 June, 2024

[39] The next plea is limitation. Mr. M. Hemchandra, learned senior counsel for the returned candidate submits that the result was declared on 10.03.2022, the election petition was filed on 22.04.2022 and was registered on 30.04.2022. It is stated that there was a delay of 5 days in registration of election petition and the word 'presented' used in Section 81 of RPA, 1951 should be read as 'registered' and hence the election petition registered on 30.04.2022 is barred by 5 days. [40] On perusal of the record, it is found that the election petition was filed on 22.04.2022 before the Stamp Reporter of this Court and registered on 30.04.2022. Section 81 of the Act mandates that the election petition be presented within 45 days from the date of MC(EP) NO. 87 OF 2022 IN EP NO. 23 OF 2022: USHAM DEBAN SINGH V. MD. FAJUR RAHIM 26 declaration of result of the returned candidate.
Manipur High Court Cites 43 - Cited by 0 - A G Sharma - Full Document

Usham Deben Singh vs Md Fajur Rahim Aged About 51 Years on 14 June, 2024

[39] The next plea is limitation. Mr. M. Hemchandra, learned senior counsel for the returned candidate submits that the result was declared on 10.03.2022, the election petition was filed on 22.04.2022 and was registered on 30.04.2022. It is stated that there was a delay of 5 days in registration of election petition and the word 'presented' used in Section 81 of RPA, 1951 should be read as 'registered' and hence the election petition registered on 30.04.2022 is barred by 5 days. [40] On perusal of the record, it is found that the election petition was filed on 22.04.2022 before the Stamp Reporter of this Court and registered on 30.04.2022. Section 81 of the Act mandates that the election petition be presented within 45 days from the date of MC(EP) NO. 87 OF 2022 IN EP NO. 23 OF 2022: USHAM DEBAN SINGH V. MD. FAJUR RAHIM 26 declaration of result of the returned candidate.
Manipur High Court Cites 43 - Cited by 0 - A G Sharma - Full Document

Usham Deben Singh vs Md Fajur Rahim Aged About 51 Years on 14 June, 2024

[39] The next plea is limitation. Mr. M. Hemchandra, learned senior counsel for the returned candidate submits that the result was declared on 10.03.2022, the election petition was filed on 22.04.2022 and was registered on 30.04.2022. It is stated that there was a delay of 5 days in registration of election petition and the word 'presented' used in Section 81 of RPA, 1951 should be read as 'registered' and hence the election petition registered on 30.04.2022 is barred by 5 days. [40] On perusal of the record, it is found that the election petition was filed on 22.04.2022 before the Stamp Reporter of this Court and registered on 30.04.2022. Section 81 of the Act mandates that the election petition be presented within 45 days from the date of MC(EP) NO. 87 OF 2022 IN EP NO. 23 OF 2022: USHAM DEBAN SINGH V. MD. FAJUR RAHIM 26 declaration of result of the returned candidate.
Manipur High Court Cites 43 - Cited by 0 - A G Sharma - Full Document

Pankajkumar Bachubhai Velani (Jain) vs Election Commission Of India on 7 February, 2025

In support of such contention, reliance is placed on the judgment of the Manipur High Court in the case of Usham Deben Singh vs. Md Fajur Rahim (supra) wherein, it has been held and observed that Section 81 of the Act mandates that the election petition be presented within 45 days from the date of declaration of the result of the returned candidates. Reading the word 'presented' used in Section 81 as 'registered' will amount to judicial amendment of the statute. With this, the objection on the ground of limitation was rejected.
Gujarat High Court Cites 49 - Cited by 0 - S K Vishen - Full Document
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