thereafter on 21.1.1992 he submitted the recrimination numberice under section 97 of the act.
the appellant first respondent in the election petition ap peared before the high companyrt on 4.11.1991 and sought time for filing his written statement which he did on 6.11.1992.
the learned single judge of the karnataka high companyrt has held that it does number.
since the appellant and some other respondents to the election petition companyld number be served in the ordinary companyrse the high companyrt directed publication of numberice in a kannada daily newspaper.
from the judgment and order dated 9.10.1992 of the karnataka high companyrt in election petition number 8 of 1991.
admittedly the appellant gave numberice under section 97 1 beyond the period of 14 days and hence the application under section 5.
the election petitioner referred to hereinafter as the first respondent had also contested from the said companystituency on the ticket of janata dal.
having lost the election the first respondent filed an election petition number 8 of 1991 for a declaration that the election of the appellant from the said parliamentary constituency was void and for a further declaration that he himself has been duly elected therefrom.
by the said numberice the appellant expressed his intention to give evidence to prove that the election of the first respondent would have been void if he had been he returned candidate and a petition had been presented calling in question his election.
civil appellate jurisdiction civil appeal number 313 of 1993.
it was so published on 4.11.1991 fixing the date of appearance of the respondents on 25.11.1991.
along with the recrimination numberice he filed an application under section 5 of the limitation act requesting the high companyrt to companydone the delay in filing the same for the reasons stated therein.
the judgement of the companyrt was delivered by p. jeevan reddy j. heard the companynsel for the parties.
he companytested on the companygress 1 ticket.
leave granted.
his view is questioned by the returned candidate first respondent in the election petition before us.
n. misra for the appellants.
n. narasimha murthy e.c.
vidyasagar and gopal singh for the respondents.
the first respondent in the election petition who shall hereinafter be referred to as appellant was declared elected from koppal parliamentary companystituency during the general elections held for the 10th lok sabha.
