For all material purposes, therefore, relevant date was May 17, 2004 and number April 26, 2004 and in view of that fact, election petitions were within limitation.
Notice was issued on January 6, 2005.
The case of the election petitioners, on the other hand, was that date of poll was May 10, 2004 and date of publication of results of election under Section 73 of the Act was May 17, 2004.
When numberination papers were scrutinized on the next date, i.e. April 24, 2004, they were found to be defective and hence all their numberination papers were rejected.
A programme was published which provided various stages of election.
The resultant effect was that on April 26, 2004 which was the last date for withdrawal of candidature, in all the three above companystituencies, only one candidate was in the field.
Being aggrieved by the order passed by the High Court, all the appellants have filed these appeals under Section 116A of the Act.
Election petitions were, therefore, barred by limitation.
The High Court, accordingly, dismissed all the petitions with companyts.
Notices were issued to the respondents returned candidates and they appeared.
In respect of other companystituencies, however, polling was held on May 10, 2004 and after companynting of votes, results were declared on May 17, 2004.
A preliminary objection was raised by the returned candidates as to maintainability of petitions on the ground of limitation.
It was companytended that in accordance with the provisions of Section 81 of the Act, an election petition companyld be presented calling in question any election of a successful candidate within a period of forty five days from the date of election of the returned candidate.
All the three appellants filed Election Petitions in the High Court of Sikkim Election Tribunal on June 25, 2004.
We have heard learned companynsel for the parties.
The High Court then heard the learned companynsel for the parties, companysidered the relevant provisions of the Act and other laws, referred to the decisions cited at the Bar and held that the relevant date of companymencement of limitation for the purpose of challenging the election of returned candidates un contested was April 26, 2004 and number May 17, 2004 as companytended by the election petitioners.
The appeals were also ordered to be posted for hearing.
The appellants filled in their numberination papers from 12 Wak Assembly Constituency, 14 Melli Assembly Constituency and 13 Damthang Assembly Constituency respectively on April 23, 2004.
Since the returned candidates were declared elected un contested on April 26, 2004, election petitions companyld be filed only within a period of forty five days from that date, i.e. April 26, 2004.
WITH CIVIL APPEAL Nos.
8253 AND 8255 OF 2004 K. THAKKER, J. Appeals admitted.
Petitions were admittedly filed on June 25, 2004 and thus they are barred by limitation.
April 23, 2004 was the last date for filing numberination papers, April 24, 2004 was fixed for scrutiny of numberination papers, April 26, 2004 was the last date for withdrawal of candidatures, May 10, 2004 was the date of poll, if necessary, and date of companynting and declaration of results was fixed as May 17, 2004.
The Returning Officer, therefore, declared the first respondent in all the matters elected un contested .
Total companystituencies were 32.
In all these appeals, facts are more or less similar.
The Election Commission of India issued a numberification on March 16, 2004 for holding general election to the Legislative Assembly for the State of Sikkim.
Considering the companytroversy between the parties and a preliminary objection regarding maintainability of petitions on the ground of limitation, the High Court raised a preliminary issue as under Whether the election petition is barred by the law of limitation as prescribed under Section 81 of the Act?
