Supreme Court of India · 2005-03-11
Raj Kumar Yadav vs Samir Kumar Mahaseth And Ors
- Citation / case number
- 2005 AIR SCW 1647
- Court
- Supreme Court of India
- Petitioner
- Raj Kumar Yadav
- Respondent
- Samir Kumar Mahaseth And Ors
- Author
- R.C. Lahoti
- Bench
- R.C. Lahoti, D.M. Dharmadhikari, P.K. Balasubramanyan
Judgment text excerpt
The Supreme Court held that an election petition presented at 4.25 PM on 27.8.2003, after the designated Judge had risen from open court, was not validly presented within the limitation period as per Section 81 of the Representation of the People Act, 1951. The Court emphasized that the rules of the Patna High Court required petitions to be filed in open court and that the petitioner's attempt to file it after hours did not meet the statutory requirements. Consequently, the appeal was dismissed as barred by time.