From the Judgment and order dated 10 2 1975 of the Allahabad High Court in Election Petition No.
The petition was, however, presented before the Registrar on July 8, 1974.
Issue No.
The election petition was placed for hearing before the learned Judge after he was assigned as a Judge to hear the election petition by the Chief Justice and the learned Judge framed 20 issues in the case.
The appellant relied on the fact that he was number in a position to file the petition in the High Court on June 14, 1974 because the High Court was closed for the summer vacation and as the High Court was observing a closed holiday the appellant was entitled to file the petition of the re opening which was July 8, 1974 and accordingly he filed the petition on that day.
P. Goyal, S. P. Singh and G. S. Chatterjee for the appellant.
N. Misra, K. C. Agarwala, M. M. L Srivastava and E. Agarwala, for the respondent.
It is number disputed that the results of the election were declared on April 30, 1974 and numbermally the election petition should have been filed in the High Court within 45 days from this date.
As Issue No.
1 be declared void and that the appellant be declared to be duly elected.
The election petition was filed by the appellant who was one of the ten candidates for the membership of the U.P. Legislative Council from Basti cum Gorakhpur Local Authority Constituency.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
8 related to the question as to whether the election petition had been properly presented and was within time.
699 of 1975.
The election petition of the appellant was accordingly dismissed by the High Court by its order dated February 10, 1975 and it is against this order that the present appeal has been preferred in this Court.
The facts of the case lie within a very narrow companypass.
The Judgment of the Court was delivered by FAZAL ALI, J. This is an appeal against the judgment of Malik, .J. Of the Allahabad High Court who was assigned as an Election Judge to hear the election petition filed by the appellant in the High Court.
8 related to the maintainability of the petition on the point of limitation, the learned Judge took up this matter as a preliminary issue, and after hearing the parties he held that the petition having been filed beyond time merited dismissal under s.86 1 read with s.81 1 of the Representation of the People Act, 1951.
The results of the aforesaid election were declared on April 30, 1974 and the appellant filed the election petition ill the High Court on July 8, 197,4 praying that the election of respondent No.
45 of 1974.
Accordingly the period of limitation expired on June 14, 1974.
The appellant, therefore, claimed that his petition was number time barred in view of the provisions of s. 10 of the General Clauses Act, 1897 which would apply to this case.
