HARI SHANKER TRIPATHI versus SHIV HARSH & OTHERS

HARI SHANKER TRIPATHI versus SHIV HARSH & OTHERS

Where the limitation for filing an election petition under section 81(1) of the Representation of the People Act, 1951 expires during a period when the High Court is closed for summer vacation (a closed holiday as per notification), section 10 of the General Clauses Act, 1897 applies, permitting filing on the next court re-opening day, and such filing is within time.

Parties
Appellant: Hari Shanker Tripathi; Respondents: Shiv Harsh & Others
Jurisdiction
India
Judgment Date
03 February 1976
Procedural Posture
Civil Appeal / Appeal Against Dismissal of Election Petition by Allahabad High Court
Outcome
Appeal allowed
Legal Topics
Limitation for Election Petitions, High Court Procedural Rules, Application of General Clauses Act, Interpretation of Representation of the People Act
Election Law Civil Procedure Limitation for Election Petitions High Court Procedural Rules Application of General Clauses Act Interpretation of Representation of the People Act

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Parties

Hari Shanker Tripathi

Appellant

Shiv Harsh & Others

Respondents

Procedural Posture

Civil Appeal / Appeal Against Dismissal of Election Petition by Allahabad High Court

Legal Issues

  1. 1 Whether filing the election petition on the re-opening day of the High Court after summer vacation, when the limitation period expired during vacation, is within limitation under the applicable law.

Ratio Decidendi

Where the limitation for filing an election petition under section 81(1) of the Representation of the People Act, 1951 expires during a period when the High Court is closed for summer vacation (a closed holiday as per notification), section 10 of the General Clauses Act, 1897 applies, permitting filing on the next court re-opening day, and such filing is within time.

Court Disposition

Appeal allowed

Orders

  • Order of the Allahabad High Court dated February 10, 1975 set aside
  • Case remitted to the High Court for disposal of the election petition on merits