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december 1973

Supreme Court of India · 1973-12-21

HUKUMDEV NARAIN YADAV vs LALIT NARAIN MISHRA

Citation / case number
SC 1973/60310
Court
Supreme Court of India
Petitioner
HUKUMDEV NARAIN YADAV
Respondent
LALIT NARAIN MISHRA
Bench
REDDY, P. JAGANMOHAN

Judgment text excerpt

The Supreme Court held that under Section 81 of the Representation of the People Act, 1951, an election petition must be filed within 45 days of the election, and failure to comply results in dismissal under Section 86. The Court clarified that the Limitation Act, 1963, specifically Section 4, allows for petitions to be filed on the next working day if the last day of limitation falls on a day when the court is closed. The Court ruled that the election petition filed on Monday was within the limitation period, overturning the High Court's dismissal.

HUKUMDEV NARAIN YADAV vs LALIT NARAIN MISHRA · Niyam