Supreme Court of India · 1963-12-20
VIDYACHARAN SHUKLA vs KHUBCHAND BAGHEL AND OTHERS
- Citation / case number
- SC 1963/100
- Court
- Supreme Court of India
- Petitioner
- VIDYACHARAN SHUKLA
- Respondent
- KHUBCHAND BAGHEL AND OTHERS
- Bench
- SINHA, BHUVNESHWAR P.(CJ),SUBBARAO, K.,DAYAL, RAGHUBAR,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court held that Section 12 of the Limitation Act, 1908 allows for the exclusion of time taken to obtain a copy of the order when computing the 30-day period for filing an appeal under Section 116-A of the Representation of the People Act, 1951. The Court clarified that even though the right to appeal is conferred by the Representation of the People Act, the appeal is treated as one 'under the Code of Civil Procedure' for the purposes of limitation. The appeal was dismissed, affirming the High Court's decision to set aside the appellant's election due to corrupt practices.