MOHD. ABUBAKKAR SIDDIQUE versus MUSTAFA SHAHIDUL ISLAM AND ORS.

MOHD. ABUBAKKAR SIDDIQUE versus MUSTAFA SHAHIDUL ISLAM AND ORS.

The High Court erred in calculating the limitation period from the publication date of withdrawal notice in the newspaper rather than in the Official Gazette. Both applications for substitution were within the statutory period of 14 days calculated from the date of publication in the Official Gazette.

Parties
Appellant: Mohd. Abubakkar Siddique; Respondent No. 1: Mustafa Shahidul Islam; Respondent No. 14: Jain Hansaria & Co.; Respondent No. 16: Mohammed Idris Ali
Jurisdiction
India
Judgment Date
18 January 2000
Procedural Posture
Civil Appeal / Appeal From Order of Assam High Court in M.c. No. 125/97 in E.p. No. 7 of 1996
Outcome
appeal allowed
Legal Topics
Election Petition Withdrawal, Substitution of Petitioner, Limitation Period Calculation
Election Law Election Petition Withdrawal Substitution of Petitioner Limitation Period Calculation

Case Brief

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Parties

Mohd. Abubakkar Siddique

Appellant

Mustafa Shahidul Islam

Respondent No. 1

Jain Hansaria & Co.

Respondent No. 14

Mohammed Idris Ali

Respondent No. 16

Procedural Posture

Civil Appeal / Appeal From Order of Assam High Court in M.c. No. 125/97 in E.p. No. 7 of 1996

Legal Issues

  1. 1 What is the correct reckoning of the limitation period for filing applications for substitution after withdrawal of election petition under Section 110 of the Representation of People Act, 1951?

Ratio Decidendi

The High Court erred in calculating the limitation period from the publication date of withdrawal notice in the newspaper rather than in the Official Gazette. Both applications for substitution were within the statutory period of 14 days calculated from the date of publication in the Official Gazette.

Court Disposition

appeal allowed

Orders

  • The impugned order of the High Court is set aside.
  • The case is remanded to the High Court for further proceedings treating the substitution applications as filed within the prescribed period of limitation under Section 110 of the Act.