ANWARI BASAWARAJ PATIL AND ORS. versus SIDDARAMAIAH AND ORS.

ANWARI BASAWARAJ PATIL AND ORS. versus SIDDARAMAIAH AND ORS.

Section 5 of the Limitation Act, 1963, is not applicable to recrimination notices under Section 97 of the Representation of the People Act, 1951, as the Act is a self-contained code and equates recrimination notice to an election petition, thus excluding the application of Section 5.

Parties
Appellant: Anwari Basawaraj Patil; Respondent: Siddaramaiah
Jurisdiction
India
Judgment Date
27 January 1993
Procedural Posture
Civil Appeal / Appeal From Decision of Karnataka High Court in Election Petition No. 8 of 1991
Outcome
Appeal dismissed
Legal Topics
Recrimination Notice, Delay Condonation, Applicability of Limitation Act to Election Matters
Election Law Limitation Law Recrimination Notice Delay Condonation Applicability of Limitation Act to Election Matters

Case Brief

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Parties

Anwari Basawaraj Patil

Appellant

Siddaramaiah

Respondent

Procedural Posture

Civil Appeal / Appeal From Decision of Karnataka High Court in Election Petition No. 8 of 1991

Legal Issues

  1. 1 Whether Section 5 of the Limitation Act, 1963 applies to recrimination notice under Section 97 of Representation of the People Act, 1951

Ratio Decidendi

Section 5 of the Limitation Act, 1963, is not applicable to recrimination notices under Section 97 of the Representation of the People Act, 1951, as the Act is a self-contained code and equates recrimination notice to an election petition, thus excluding the application of Section 5.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs