TMI Blog1999 (9) TMI 948X X X X Extracts X X X X X X X X Extracts X X X X ..... without trial, as terred by limitation. . Aggrieved, the appellant is before us. The only issue debated before us centers around the non-filing of the election petition within the preecribed period of 45 days from the date of election. Reference to some dates, which are not in dispute, becomes necessary at the outset. After the polling of votes, counting of ballot papers took place on 31st March, 1995. The result was declared on 1.4.1995. (Initially, there was some dispute with regard to the exact date when the result was declared, i.e., whether on 31.3.1995 or 1.4.1995 or 2.4.1995, but both, before the learned designated election Judge as well as in this Court, on the basis of the record, tt has been admitted by learned counsel for the parties that the result of the election was declared on 1.4.1995). The election petition was presented to me learned designated election Judge m the open Court on 17.5.1995. The prescribed period of 45 days within which the election petition could be filed expired on 16.5.1995. At the time of presentation of the election petition in the open Court, on 17.5.1995, the following order was made by the learned designated election Judge: Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ilable in the Court to whom the election petition could be presented in the open Court. With a view to examine the correctness of the abovefinding, it is desirable to take note of some of the relevant provisions of the Rules of the Patna High Court. Chapter XXI-E lays down Rules for disposal of election petitions filed under Section 81 of the Act. Rule 6 of Chapter XXI-E reads thus: Subject always to the orders of the Judge, before 9 formal presentation of the election petition is made to the Judge in open court, it shall be presented to the Stamp Reporter of the Court, who shall certify thereon if it is in time and in conformity with requirements of the Act and the rules in this behalf, or is defective and shall thereafter return the petition to the petitioner for making the formal presentation after removing the defects, if any: Provided that if on any Court day the Judge is not available on account of temporary absence or otherwise, the petitioner; may be presented before the Bench hearing civil applications and motions. Rule 7 provides: Rule 7(1) - The date of presentation to the Judge or the Bench as mentioned in the proviso to Rule 6 shall be the date of the fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on if it is within time and in conformity with the requirements of the Act and the Rulee made in that behalf or is defective, and in the event it is found to be defective, the same shall be returned to the petitioner for making formal presentation, after removing the defects. The election petition is then required to be presented to ihe designated election Judge in the open Court . The proviso to Rule 6 lays down that If on any Court day, the Judge is not available on account of temporary absence or otherwise, the petition may be presented before the Bench hearing civil applications and motions. By virtue of Rule 7, the date of filing of an election petition for purposes of limitation is the date of presentation of the election petition to the Judge or the Bench as mentioned In the proviso to Rule 6. Thus. the date of presentation of the election petition in the open Court to the designated election Judge or to the Bench, as the case may be, would be the actual date of filing of the election petition, for the purposes of limitation. Under Rute 13, the Registrar of the High Court in addition to his other powers has been clothed with the duty to receive certain memos of appeats, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ispute that the Registrar was not available at 4.05 P.M. on 16.5.1995 In our opinion, reliance on Rule 24 of Chapter XXI-E read with Rule 13(iii) of Chapter II, Part I of the High Court Rules is misplaced. The plain phraseology of Rule 6 read with the proviso thereto makes it abundantly clear that formal presentation of an election petition can be made only to the designated election Judge in the open Court and if on any Court day the Judge is not available on account, of temporary absence or otherwise, the petition may be presented before the Bench hearing civil applications and motions. Thus, the High Court Rules do not prescribe any other mode of presentation of an election petition except in the open Court either before the designated election Judge or before the Bench hearing civil applications and motions, where the designated election Judge is not available on account of temporary absence or otherwise. The presentation of an election petition to the Registrar has not been prescribed as a mode of presentation of an election petition by the Rules. An election petition is not included in any of the clauses of Rule 13. The learned designated election Judge rightly found tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bligatioest as in the instant case, the election petition could not be filed on 16.5.1995 during the Court hours, as far all intent and purposes, the Court was closed on 16.5.1995 after 3.15 P.M. It is precisely to take care of a situation like this that Section 10 of the General Clauses Act gets attracted. It reads : Computation of time. (1) Where, by any Central Act or Regulation made after the commencement of this Act, any act or proceeding is directed or allowed to be done or taken in any Court or office on a certain day or within a prescribed period, then, if the Court or office is closed on that day or the last day of the prescribed period, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards on which the Court or office is open: Provided that nothing in this section shall apply to any act or proceeding to which the Indian Limitation Act, 1877 (XV of 1887) applies. (Emphasis ours) Since, Indian Limitation Act does not apply to an election petition, Section 10 of the General Clauses Act would apply. As already noticed, the Patna High Court was, for all practical purposes, closed after 3.15 P. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
