Supreme Court of India · 2005-03-11
RAJ KUMAR YADAV vs SAMIR KUMAR MAHASETH .
- Citation / case number
- SC 2003/23684
- Court
- Supreme Court of India
- Petitioner
- RAJ KUMAR YADAV
- Respondent
- SAMIR KUMAR MAHASETH .
- Author
- R.C. Lahoti
- Bench
- CJI 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 but was still within the court premises, was not a valid presentation under Section 81 of the Representation of the People Act, 1951. The Court emphasized that the petition must be filed in open court within the stipulated time frame, and the High Court's refusal to accept the petition after hours was in accordance with its rules. Consequently, the appeal was dismissed as barred by time.