LACHMAN DAS ARORA versus GANESHI LAL AND ORS

LACHMAN DAS ARORA versus GANESHI LAL AND ORS

Since the High Court's notification permitted filing and hearing of election petitions during summer vacations, the benefit of Section 10 of the General Clauses Act was not available; the election petition was filed after the limitation period and was barred by time.

Source-derived case information.

Parties
Appellant: Lachman Das Arora; Respondent: Ganeshilal
Jurisdiction
India
Judgment Date
01 September 1999
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Dismissal on Limitation Issue
Outcome
Appeal dismissed
Legal Topics
Limitation of Election Petitions, Applicability of General Clauses Act Section 10, Representation of the People Act Section 81(1) and 86(1)
Election Law Limitation of Election Petitions Applicability of General Clauses Act Section 10 Representation of the People Act Section 81(1) and 86(1)

Source-derived case record

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Parties

Lachman Das Arora

Appellant

Ganeshilal

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Dismissal on Limitation Issue

Legal Issues

  1. 1 Whether the election petition filed after the expiry of 45 days but on the reopening day after summer vacations was within limitation
  2. 2 Applicability of Section 10 of General Clauses Act to election petitions

Ratio Decidendi

Since the High Court's notification permitted filing and hearing of election petitions during summer vacations, the benefit of Section 10 of the General Clauses Act was not available; the election petition was filed after the limitation period and was barred by time.

Court Disposition

Appeal dismissed

Orders

  • Election petition is held barred by limitation and correctly dismissed by High Court
  • No order as to costs