Usham Deben Singh vs Md. Fajur Rahim & 3 Ors on 18 October, 2023
[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.