MOHD. ALI versus AZAD MOHD.
Election petition filed after expiry of limitation during summer vacation is barred by time because the relevant High Court notification expressly provided that the court was not closed for hearing election petitions during vacation; thus, limitation was not extended and the petition was out of time.
- Parties
- Appellant: Mohd. Ali; Respondent: Azad Mohd.
- Jurisdiction
- India
- Judgment Date
- 01 September 1999
- Procedural Posture
- Civil Appeal / Appeal From Punjab and Haryana High Court, E.p. No. 24 of 1996
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Limitation for Filing Election Petition, Effect of High Court Notification on Vacation Period, Representation of the People Act Section 81(1)
Case Brief
Summary, issues, holding and outcome
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Parties
Mohd. Ali
Appellant
Azad Mohd.
Respondent
Procedural Posture
Civil Appeal / Appeal From Punjab and Haryana High Court, E.p. No. 24 of 1996
Legal Issues
- 1 Whether the election petition filed after expiry of limitation during summer vacation is within time under the Representation of the People Act, 1951
- 2 Effect of High Court Notification regarding court closure during vacations on limitation period
Ratio Decidendi
Election petition filed after expiry of limitation during summer vacation is barred by time because the relevant High Court notification expressly provided that the court was not closed for hearing election petitions during vacation; thus, limitation was not extended and the petition was out of time.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed with costs to respondent.
- Finding of High Court on limitation upheld.
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