TMI Blog1993 (1) TMI 298X X X X Extracts X X X X X X X X Extracts X X X X ..... t it does not. His ,view is questioned by the returned candidate (first respondent in the election petition) before us. The first respondent in the Election Petition who shall hereinafter be referred to as appellant', was declared elected from Koppal parliamentary constituency during the general elections held for the 10th Lok Sabha. He contested on the Congress (1) ticket. The election-petitioner, referred to hereinafter as the first respondent had also contested from the said constituency on the ticket of Janata Dal. Having lost the election, the first respondent filed an election petition No. 8 of 1991 for a declaration that the election of the appellant from the said parliamentary constituency was void and for a further declar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of People Act besides Section 29(2) of the Limitation Act, 1963. First the provisions of the Representation of People Act. Section 97 reads as follows: 97. Recrimination when seat claimed.- (1) When in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election: Provided that the returned candidate or such other party as aforesaid shall not be entitled to give such evidence unless he has, within fourteen days from the date of commenceme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondents to appear before the High Court and answer the claim or claims made in the petition. According to the said definition, the notice of the recrimination should have been given in this case within fourteen days of 4.11.91. Admittedly, it was submitted beyond the said period. Section 83 deals with contents of petition . According to sub-section (1) an election petition (a) shall contain a concise statement of the material facts on which the petitioner relies; (b) shall set forth particulars of any corrupt practice that the petitioner alleges including as full a statement as possible of all the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each of such practice and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y to the proceedings under the Act including the recrimination notice under Section 97. Sub- section(2) of Section 29, which alone is relied upon before us reads: Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the Schedule, the provisions of Section 3 shall apply as if such period were the period prescribed by the Schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in Sections 4 to 24 (inclusive) shall apply only insofar as, and to the extent to which, they are not expressly excluded by such special or local law. In H.N. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held that the Representation of People Act is a self- contained code and accordingly, it was concluded that the provisions of s. 5 of the Limitation Act do not govern the filing of election petitions. or their trial. This decision, in our view, practically concludes the question before us inasmuch as the Act equates a recrimination notice to an election petition. The language of Section 97 makes the said fact abundantly clear. The relevant words are: the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election. The proviso to sub-section (1) applies the provisions of Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his 320 Court holding that the provisions of the Section 12(2) of the Limitation Act, 1908 are applicable to an appeal under Section 116(A) of the Representation of People Act, 1951 viz., V.C Shukla v. Khubchand Baghel and Ors., [1964] 6 S.C.R.129. It is also brought to our notice that certain High Courts have taken the view that both Section 5 and Section 12(2) of the Limitation Act are applicable to the proceedings under the Act. Reference is to 1968 Rajasthan 145, 1968 Calcutta 69 and (1976) 89 Madras La. Weekly 32. So far as the decision of this court in V.C Shukla is concerned, it is a decision dealing with the applicability of the provision in Section 12(2) of the Limitation Act to an appeal preferred under Section 116(A) and not with ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
