TARUN PRASAD CHATTERJEE versus DINANATH SHARMA

TARUN PRASAD CHATTERJEE versus DINANATH SHARMA

Section 9 of the General Clauses Act, 1897 is applicable to computation of limitation under Section 81(1) of the Representation of the People Act, 1951, and the date of election of the returned candidate must be excluded for computing the 45-day period for filing an election petition; thus, the petition filed was within time.

Parties
Appellant: Tarun Prasad Chatterjee; Respondent: Dinanath Sharma
Jurisdiction
India
Judgment Date
10 October 2000
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Single Judge Decision of High Court
Outcome
Appeal dismissed
Legal Topics
Limitation Period for Election Petitions, Interpretation of Statutes, Applicability of General Clauses Act to Representation of the People Act
Election Law Limitation Period for Election Petitions Interpretation of Statutes Applicability of General Clauses Act to Representation of the People Act

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Parties

Tarun Prasad Chatterjee

Appellant

Dinanath Sharma

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Single Judge Decision of High Court

Legal Issues

  1. 1 Whether Section 9 of the General Clauses Act, 1897 applies in computing the period of limitation under Section 81(1) of the Representation of the People Act, 1951 for presenting an election petition
  2. 2 Whether the date of election of the returned candidate should be excluded when computing the limitation period for filing an election petition

Ratio Decidendi

Section 9 of the General Clauses Act, 1897 is applicable to computation of limitation under Section 81(1) of the Representation of the People Act, 1951, and the date of election of the returned candidate must be excluded for computing the 45-day period for filing an election petition; thus, the petition filed was within time.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed without costs.