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Abdul Naser A.M vs Kerala Stateelection Commission cites

Hukumdev Narain Yadav vs Lalit Narain Mishra on 21 December, 1973

8. The last contention urged on behalf of the petitioner is that the period of pendency of this writ petition has to be excluded for filing an Election Petition as per Section 14 of the Limitation Act, 1963. The right to challenge an election is a special right created by the Statute and the same has necessarily to conform to the statutory requirements prescribed therein. Section 165 of the Act prescribes a period of 30 days from the date of election of the returned candidate to present an Election Petition in order to call in question the election on any grounds available. The scheme of the Act and the nature of the remedy provided therein are such that the legislature intended it to be a complete code and the provisions of the W.P(C) No.34107/2015 11 Limitation Act are necessarily excluded. The benefits conferred under Section 14 of the Limitation Act, 1963 cannot be called in aid to supplement the provisions of the Act therefore. The following observations in K.Venkataswara Rao v. Bekkam Narasimha Reddy [AIR 1969 SC 872] approved in Hukumdev Narain Yadav v. Lalit Narain Mishra [AIR 1974 SC 480] are apposite:
Supreme Court of India Cites 43 - Cited by 230 - P J Reddy - Full Document

Mohinder Singh Gill & Anr vs The Chiief Election Commissioner, New ... on 2 December, 1977

7. Non-compliance with the provisions of the Act or of any rules or orders made thereunder is a ground for declaring the election to be void under Section 178 (1)(d)(iv) of the Act. The same is very much applicable if the petitioner has a case that material circumstances did not exist for taking a fresh poll under Section 128(2)(a) of the Act. Any illegality in the exercise of the power under Section 128(2)(a) of the Act attracts Section 178(1)(d)(iv) of the Act for declaring the election to be void. It has been held in Mohinder Singh Gill's case (supra) as follows:-
Supreme Court of India Cites 56 - Cited by 4221 - V R Iyer - Full Document
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