Delay in filing election petition

Application of Limitation Act, 1963 on Election Petition under Representation of People Act.

Facts:

The first respondent filed an election petition in the first instance to which there was an objection to maintainability under Order 7 Rule 11 of the CPC. Confronted with the objection under Order 7 Rule 11, the first respondent obviated a decision thereon by withdrawing the election petition. The grant of liberty to file a fresh election petition cannot obviate the bar of limitation. The fresh election petition filed by the first respondent was beyond the statutory period of 30 days and was hence liable to be rejected. Continue reading “Delay in filing election petition”

Advertisements