H. H. RAJA HARINDER SINGH versus S. KARNAIL SINGH

H. H. RAJA HARINDER SINGH versus S. KARNAIL SINGH

Section 10 of the General Clauses Act applies to prescribed periods under Rule 119(a); the election petition filed on the next open day after public holidays is within time. Employment of existing staff for casual, additional work outside their ordinary duties does not violate Rule 118 and does not require inclusion of salaries as election expenses unless such staff is specifically and exclusively deputed for election work in lieu of their normal duties.

Parties
Appellant: H.H. Raja Harinder Singh; Respondent No. 1: S. Karnail Singh
Jurisdiction
India
Judgment Date
20 December 1956
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Judgment and Order of Election Tribunal
Outcome
Appeal allowed
Legal Topics
Limitation for Filing Election Petitions, Employment of Staff in Election Work, Election Expenses, General Clauses Act Application
Election Law Limitation for Filing Election Petitions Employment of Staff in Election Work Election Expenses General Clauses Act Application

Case Brief

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Parties

H.H. Raja Harinder Singh

Appellant

S. Karnail Singh

Respondent No. 1

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Judgment and Order of Election Tribunal

Legal Issues

  1. 1 Whether the election petition filed after the expiry of limitation period due to holidays is time-barred
  2. 2 Whether employment of existing personal staff amounts to violation of Rule 118 as employment for payment in connection with the election
  3. 3 Whether salaries of existing staff are to be included in election expenses

Ratio Decidendi

Section 10 of the General Clauses Act applies to prescribed periods under Rule 119(a); the election petition filed on the next open day after public holidays is within time. Employment of existing staff for casual, additional work outside their ordinary duties does not violate Rule 118 and does not require inclusion of salaries as election expenses unless such staff is specifically and exclusively deputed for election work in lieu of their normal duties.

Court Disposition

Appeal allowed

Orders

  • Order of the Election Tribunal set aside
  • Election petition of the first respondent dismissed