Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Acts
  • section 20-A (5) of the C. P. and Berar Municipalities Act, 1922 (hereinafter referred to as the Act),
  • sections 480 and 482 of the Code of Criminal Procedure. (b)
  • SECTION 28 INDIAN LIMITATION ACT
  • section 176 (2) (1) of the C. P. Municipalities Act, 1922,
  • section 23 of the Bombay Act II of 1884; Gangadhar
  • sections 4 and 29 of the Indian Limitation Act
  • section 15 of the Bombay Act XVIII of 1925.) 14.
  • Amending Act, C. P, and Berar Act 14 of 1947,
  • section 22 of the Bombay Act III of 1901;
  • SECTION 4 INDIAN LIMITATION ACT
  • C. P, Municipalities Act,
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Acts
  • section 20-A (5) of the C. P. and Berar Municipalities Act, 1922 (hereinafter referred to as the Act),
  • sections 480 and 482 of the Code of Criminal Procedure. (b)
  • SECTION 28 INDIAN LIMITATION ACT
  • section 176 (2) (1) of the C. P. Municipalities Act, 1922,
  • section 23 of the Bombay Act II of 1884; Gangadhar
  • sections 4 and 29 of the Indian Limitation Act
  • section 15 of the Bombay Act XVIII of 1925.) 14.
  • Amending Act, C. P, and Berar Act 14 of 1947,
  • section 22 of the Bombay Act III of 1901;
  • SECTION 4 INDIAN LIMITATION ACT
  • C. P, Municipalities Act,
Smart Summary

Structured Summary of the Opinion — Application in Revision under Section 20-A(5), C.P. & Berar Municipalities Act, 1922

Factual and Procedural Background

Janardan (the applicant / returned candidate) and Hiralal (the non-applicant) were the two candidates for the election from Ward No. 21 of the Achalpur Municipal Committee. Both names appeared in the final electoral roll and both were duly nominated. At scrutiny on 21-3-1955 an objection was raised to Hiralal's nomination on grounds that he was in arrears of municipal taxes for the period ending 31-3-1954, a disqualification under section 13, proviso (iii) of the Act. The scrutinizing officer sustained the objection and the Sub-Divisional Officer upheld that decision on appeal.

Because Janardan was the only other candidate, he was declared elected and the result was notified in the M.P. Gazette on 13-5-1955. On 13-6-1955 Hiralal filed an election petition under section 20-A(2) of the Act claiming wrongful rejection of his nomination and that this affected the election result. Janardan's written statement asserted that the rejection of Hiralal's nomination was proper (the statement uses the term "prepay" in the record) and further contended that the petition was time-barred because it was not presented to the 'Judge' within 14 days from the Gazette notification.

The 'Judge' who heard the election petition held that the nomination had been wrongly rejected and that the petition was not barred by time, setting aside the election and ordering a fresh election. Janardan filed the present revision under section 20-A(5) of the Act seeking to overturn that order.

Legal Issues Presented

  1. Whether the election petition filed on 13-6-1955 was time-barred under section 20-A(2) of the Act because it was not presented within 14 days from the date the election result was notified (13-5-1955).
  2. Whether the 'Judge' who received and entertained the election petition was to be treated as a Civil Court (so that closures of Civil Courts for summer vacation would extend the limitation period under the Indian Limitation Act) or as a persona designata / ad-hoc tribunal (in which event sections 4 and 29 of the Indian Limitation Act would not apply).
  3. Whether, if the petition was admissible in time, the finding that the nomination paper of Hiralal was wrongly rejected was correct (this question was raised but the Court indicated it need not be examined if the petition was time-barred).

Arguments of the Parties

Applicant's (Janardan's) Arguments

  • The election petition was barred by time under section 20-A(2) because it was filed beyond 14 days from the Gazette notification (notification dated 13-5-1955; petition filed 13-6-1955).
  • The 'Judge' who received the petition was a persona designata and not a 'Court' for purposes of the Indian Limitation Act; therefore no extension of the prescribed 14-day period could be claimed on the ground that the Civil Court was closed for summer vacation.
  • The finding that the nomination paper of Hiralal was wrongly rejected was erroneous and should be set aside (asserted as an alternative ground).

Non-Applicant's (Hiralal's / Petitioner in election petition) Arguments

  • The nomination paper had been wrongly rejected and that affected the result of the election (the substantive ground of the election petition under section 20-A(2)).
  • The petition was presented when the 'Courts' reopened after summer vacation; the petitioner pleaded that the Courts were closed between 13-5-1955 and 12-6-1955 so that presenting the petition on 13-6-1955 was within time.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
National Telephone Co. Ltd. v. Post-Master-General (1913) A.C. 546 The principle that extending jurisdiction of existing Courts of law to a new matter carries with it all incidents of such jurisdiction (including right of appeal). The Court considered this principle and held it does not apply here because jurisdiction under the Act was not an extension of ordinary Civil Court jurisdiction but conferred on a specially empowered 'Judge'.
Nilkanthrao v. Jagannath, 27 NLR 61 Conferral of jurisdiction on a Civil Court with no further provision creates a strong presumption that the tribunal was intended to act as a Civil Court. Quoted as authority for the presumption but distinguished: in the instant statute there are further provisions and rules indicating the tribunal was not intended to be a Civil Court.
Goonesinha v. De Kretser, A.I.R. 1945 P.C. 83 When a Supreme Court Judge takes cognizance of an election dispute under statutory order, the jurisdiction is an extension/addition to the ordinary jurisdiction of that Supreme Court. Cited as an example where judicial officer's exercise of jurisdiction was an extension of ordinary jurisdiction; distinguished from the present case where jurisdiction is conferred on a 'Judge' via specially empowered appointment and detailed rules.
Parthsardhi Naidu v. Koteswara Rao, I.L.R. 47 Mad. 369 Reference to a Judge with power to refer to subordinate Court can mean reference to a Judge sitting in ordinary civil jurisdiction. Referred to show potential meaning but the Court found enough material in the present Act to show a different legislative intention (i.e., not ordinary civil jurisdiction).
D. R. Fraser and Co. Ltd. v. Minister of National Revenue (1919) A.C. 24 When an amending Act alters the language of the principal statute, the alteration must be taken to have been made deliberately. Applied to justify giving weight to the 1947 amendment (Act 14 of 1947), which changed the language conferring jurisdiction so as to vest it in specially empowered Judges rather than ordinary civil Courts.
Balaji Sakhamm v. Merwanji Nowroji, I.L.R. 21 Bom. 279 Under certain municipal Acts, a District Judge acting under the Act was held not to be a 'Civil Court' within the meaning of the Code of Civil Procedure. Used as supporting precedent that conferral of election jurisdiction on a judge does not necessarily make that judge a Civil Court within the meaning of procedural statutes.
Gangadhar Baburao Gadre v. The Hubli Municipality, I.L.R. 50 Bom. 557 = A.I.R. 1926 Bom. 344 Under similar statutory provisions, procedures (such as presentation of petitions) were held to require presentation specifically to the Judge rather than to a Clerk of Court. Relied on to support the point that the Act envisages presentation to the Judge alone because the 'Judge' is not functioning as an ordinary Civil Court.
Jagmohan v. Venkatesh, A.I.R. 1933 Bom. 105 One of the Bombay decisions regarding the character of judicial officers acting under municipal Acts. Cited among Bombay cases showing that judges acting under municipal statutes were not treated as ordinary Civil Courts.
Keshav Ramchandra Bhuare v. Municipal Borough, Jalgaon, I.L.R. 1946 Bom. 143 = A.I.R. 1946 Bom. 64 Another Bombay decision on the character of tribunals/judges under municipal legislation. Included among authorities demonstrating that statutory conferment of election jurisdiction on a judge did not render the judge a Civil Court for all procedural purposes.
Balkrishna v. Vasudeva, 44 I.A. 251 When construing statutory provisions conferring jurisdiction, it is to the Civil Court (not to an individual judge) that jurisdiction is given; this is material when distinguishing Civil Courts from persona designata. Cited to highlight the distinction between granting jurisdiction to a Civil Court as an institution and granting it to an individual Judge or persona designata; used in analysis of whether a 'Judge' under the Act is a Civil Court.
Ramchandra v. Ramnarayan, Civil Revision No. 74 of 1954 (decided 6-6-1954) Use of the term 'decision' in section 20-A(5) has been used to distinguish it from judgment, decree or final order of a Civil Court. Relied upon to show that the Act's terminology ('decision') indicates the tribunal's outcomes are not equivalent to ordinary civil judgments, supporting the conclusion that the 'Judge' under the Act is not a Civil Court.
Gangaditar Baburao Gadre v. The Hubli Municipality (cit. sup.) Under a similar provision, presentation of a petition to the Clerk of Court was held to be invalid; presentation must be made to the Judge as specified. Used to support the proposition that the Act contemplates presentation to the Judge alone because the Judge is exercising special jurisdiction distinct from ordinary Civil Court procedure.

Court's Reasoning and Analysis

The Court's analysis proceeded in several discrete steps, with strict reliance on the statute's language and the scheme of the Act and its rules:

  1. Statutory starting point: Section 20-A(2) provides that an election petition "shall be presented to the 'Judge'" and that no petition shall be admitted unless presented within 14 days from the date on which the result of the election was notified. The election result was notified on 13-5-1955; the petition was filed on 13-6-1955, prima facie beyond the 14-day limit.
  2. The petitioner pleaded that Courts were closed from 13-5-1955 to 12-6-1955 and therefore the petition filed on 13-6-1955 was within time. The election tribunal ('Judge') accepted that contention and held the petition to be within time.
  3. The Court examined whether the election tribunal constituted a "Civil Court" so that sections 4 and 29 of the Indian Limitation Act (which deal with the effect of Court closure on limitation periods) would apply. The central question became whether the 'Judge' under section 20-A is a Civil Court or a persona designata / ad-hoc tribunal.
  4. The Court analyzed the scheme of the C.P. & Berar Municipalities Act and its rules, and observed several indicia that the jurisdiction conferred was not merely an enlargement of ordinary Civil Court jurisdiction:
    • The statute confers jurisdiction on a 'Judge' "especially empowered by the State Government" rather than simply on the Courts of ordinary civil jurisdiction.
    • The use of the term "decision" in section 20-A(5) differs from "judgment, decree or final order" of a civil court (as noted in Ramchandra v. Ramnarayan), suggesting a different character of outcomes.
    • The rules prescribe special procedural features: presentation must be made to the 'Judge' (not to a clerk), rule 6 requires that the inquiry be conducted "as nearly as may be" in accordance with the Code of Civil Procedure, and legal fictions (under rules 12 and 21) vest certain powers akin to Civil Court powers in the 'Judge' for specific purposes (e.g., powers of a Civil Court under CPC for trial of suits; deeming the 'Judge' a Civil Court for specified sections of the Cr.P.C.; power to execute orders for costs as if they were decrees).
  5. The Court reviewed authorities (including decisions under Bombay municipal Acts and decisions like Nilkanthrao and Goonesinha) and concluded that where a statute and rules show a deliberate scheme to create an ad-hoc tribunal and to confer particularized powers on an individual Judge, the jurisdiction is that of a persona designata rather than of an ordinary Civil Court. The 1947 amending Act (Act 14 of 1947) deliberately changed language to vest jurisdiction in specially empowered Judges rather than in ordinary civil Courts.
  6. Consequence: Because the 'Judge' under the Act is not a Civil Court, sections 4 and 29 of the Indian Limitation Act do not apply to extend the limitation period on the ground of Court closure. Moreover, even if the Election Tribunal could be called a "Court" for some other purpose, the petitioner had not established that that tribunal itself was closed for the period pleaded.
  7. Jurisdictional conclusion: The 'Judge' had no jurisdiction to admit the election petition presented beyond the mandatory 14-day period prescribed by section 20-A(2). Having so held on jurisdictional grounds, the Court did not need to (and expressly refrained from) examining whether the rejection of Hiralal's nomination was otherwise proper.

Holding and Implications

Holding: The Court allowed the revision petition. The Court's core ruling is emphasized as follows:

DISMISSED: the election petition filed on 13-6-1955 was time-barred and the tribunal had no jurisdiction to admit it beyond the 14-day period prescribed by section 20-A(2) of the Act.

Direct consequences and implications:

  • The election petition filed on 13-6-1955 for setting aside the election of the applicant was dismissed with costs throughout (i.e., the revision in favor of Janardan was allowed and the election petition was dismissed).
  • The Court rested its decision on the jurisdictional point (timeliness and character of the tribunal) and therefore expressly did not decide the substantive question whether Hiralal's nomination had been wrongly rejected.
  • No broader or binding new precedent beyond the facts and statutory construction in this case is articulated by the Court; the decision emphasizes statutory construction (the character of the 'Judge' under the Act) and the non-application of sections 4 and 29 of the Indian Limitation Act where jurisdiction is vested in an ad-hoc tribunal by statute and rules.

Disposition: "Application allowed." The revision petition is allowed and the election petition is dismissed with costs throughout.

    Janardan v. Hiralal

    This is an application in revision under section 20-A (5) of the C. P. and Berar Municipalities Act, 1922 (hereinafter referred to as the Act), against the order of the Civil Judge (Class I), Achalpur, dated 20-1-1956, setting aside the election of the applicant, Janardan, to the Achalpur Munici­pality.

    2. Janardan and Hiralal were the two candidates for the election of a member for ward No. 21 of the Municipal Committee, Achalpur. The names of both the candidates were published in the final electoral roll of the Municipal Committee. Both were duly nominated. On 21-3-1955, at the scrutiny of the nomination papers, an objection was raised to the nomination of non-applicant, Hiralal, on the ground that he was not entitled to be enrolled on the electoral roll of Ward NO. 21 as he was in arrears of Municipal taxes for the period ending 31-3-1954, which entailed a disqualification under section 13, proviso (iii), of the Act. This contention was upheld by the scrutinizing officer and the order was upheld in appeal by the Sub-Divisional Officer. As the applicant was the only other candidate, he was duly declared elected and his in me was published in the M.P. Gazette on 13-5-1955. On 13-6-1955, the non-applicant filed an election petition under section 20-A (2) of the Act on the ground that his nomination paper was wrongly rejected, which affected the result of the election. The applicant in his written statement maintained that the rejection of the nomination paper was prepay and further contended that the petition was barred by time as it was not presented to the ' Judge' within 14 days from the date on which the result of the election was notified in the Gazette.

    3. The 'Judge' who heard the election petition held that the nomination paper was wrongly rejected and that the petition was not barred by time. In the result, he set aside the election and ordered the election to be held afresh.

    4. The returned candidate, the applicant Janardan now comes up in revision under section 20-A(5) of the Act. The learned counsel for the applicant contends (1) that the petition was barred by time and ought, therefore, to have been rejected, (2) that the finding regarding wrongful rejection of the nomination paper was erroneous and liable to be set aside. It is contended that the petition was barred by time because the 'Judge' to whom the petition was presented beyond 14 days from the date of the publication of the result of the election, was not a 'Court' but a persona designate and hence no extension of the period pres­cribed for filing the petition under section 20-A (2) of the Act could be claimed for the reason that the 'Court' of the Civil Judge was closed due to summer vacation.

    5. In my opinion, this contention is well founded. Under section 20-A(2) of the Act, an election petition shall be presented to the 'Judge', and no petition shall be admitted unless it is presented within 14 days from the date on which the result of such election was notified. In the instant case, the notification was made on 13-5-1955 and hence, prima facie, the petition which was filed on 13-6-55, could not be entertained. The petitioner conscious of this bar had taken the plea, in his petition, that the 'Courts' were closed from 13-5-1955 to 12-6-1955, and hence the petition was being presented on 13-6-1955. The learned 'Judge' presiding over the election tribunal under section 20-A (2) of the Act, had held that the 'Courts' were closed for summer vacation from 13-5-1955 to 12-6-1955 and as the petition was filed when the 'Courts' reopened after summer vacation, the petition was within time. This would obviously be so provided the election tribunal were a 'Civil Court', when section 4 and section 28 of the Indian Limi­tation Act would automatically apply.

    6. When jurisdiction is conferred on a 'Civil Court' or on a 'Judge' who usually presides over them, it is always a question of some nicety to determine whether the matter is so heard and determined by a Court of law or by a persona designate. We have always to look to the whole scheme of the Act, to its various provisions including the Rules made there under to determine whether the special jurisdiction is an extension of the jurisdiction of the ordinary Courts of Record as already existing or it is newly conferred on an ad-hoc tribunal, specially created for the purpose.

    7. Therefore, the first question at issue is whether the 'judge' to whom the election petition was presented under section 20-A of the Act is a civil Court, Looking to the scheme of the C. P, Municipalities Act, it is clear that to determine the disputes relating to elections under the Act, the jurisdiction of the Courts of civil jurisdiction has not been extended to permit them to adjudicate upon these matters and hence the principle enunciated in National Telephone Co,, Lid. v. Post-Master-General (1913) A C 546, does not apply. The principle stated by Lord Atkinson in the aforesaid case is:

    "It is simply the question of extending the jurisdiction of existing Court of law, with all its incidents including a right of appeal; to a new1 matter closely resembling in character those matters over which it has already jurisdiction as a Court of Law."

    Lord Parker of Waddington put the matter thus:

    "Where by statute matters are referred to the determination of a Court of record with no further provision, the necessary implication is, I think, that the Court will determine matters, as a Court. Its jurisdiction is enlarged, but all the incidents of such jurisdiction, including the right of appeal from its decision, remain the same."

    8. In Nilkanthrao v. Jagannath 27NLR61, Jackson A. J. C. following the obser­vation of Lord Parker in National Telephone Co. Ltd. v. Postmaster-General (cit. sup.) emphasised the fact that the conferral of jurisdiction on a Civil Court with ho further provision raises a strong presumption that the' "Tribunal' was intend­ed to act as a Civil Court.

    “The important Words, I think, are "With ho further provision"; and it will be seen that With the exception of the Bombay cases, which do not seem to me to give any real assistance in all the Indian cases some further provision had to be considered.

    I am not satisfied, therefore, that the terms of the rules regarding proce­dure and evidence override the clear intention to Which I have already referred that the Court was intended to act as a Civil Court. "

    9. Similarly, in Goonesinha v. De Kretser A I R 1945 P. C. 83, the Judicial Committee ruled that when a Judge of the Supreme Court of Ceylon takes cognizance of an election dispute under Ceylon (States Councils Elections) Order in Council, 1931, the jurisdiction so exercised is extension of or addition to the ordinary jurisdiction of the Supreme Court.

    10. In the instant case, jurisdiction is conferred on a 'Judge' and not on a Civil Court and the 'Judge* to whom jurisdiction is given is not any 'Civil Judge' but that one only who is specially empowered by the State Government in this behalf and the Act and the Rules elaborately prescribe the procedure for the conduct of the enquiry and other incidental matters.

    11. It is, no doubt, true that this special jurisdiction is being conferred on a 'Judge' who usually presides over the Civil Court in his ordinary civil jurisdic­tion. But reference to a 'Judge' in the Act is coupled with provisions in the act and the rules which clearly negative the suggestion that the 'Judge' in the Act was intended to be a 'Civil Court'. In Parthsardhi Naidu v. Koteswara Rao I L R 47 Mad. 369, from the scheme and language of the Madras Act, it was held that reference to a Judge with power to refer to a Court subordinate to him could mean nothing else than reference to a Judge sitting as a Judge in the exercise of his ordinary civil jurisdiction. On the contrary, there is enough material under the Act, in the instant case, to show that this was not so intended.

    12. It is to be observed that prior to the enactment of section 30-A of the Act, which was incorporated into the statute by the Amending Act, C. P, and Berar Act 14 of 1947, the election disputes were determined under the rules made under section 176 (2) (1) of the C. P. Municipalities Act, 1922, by the Court of original civil jurisdiction not below the rank of the Court of Subordinate Judge of the 1st Class having ordinary local jurisdiction in the areas to which the dispute relates. A Full Bench of the Judicial Commissioner's Court in Nilkanthrao v. Jagannath (cit. sup.) had held that the Subordinate Judge deciding the dispute under the above Act was a Civil Court. The Legislature has by the amending act aforesaid (act 14 of 1947) changed the provision and conferred the special jurisdiction not on 'the Courts of ordinary civil jurisdiction' but on 'Civil Judges, especially empowered by the State Government in this behalf. It would be permissible in the circumstances to take notice of this change in the language by the Amending Act which gives a different meaning to the provision. As observed by the Privy Council in D. R. Fraser and Co. Ltd. v. Minister of National Revenue (1919; A C 24:

    “When an amending Act alters the language of the principal statute, the alteration must be taken to have been made deliberately."

    13. It is well established that even where the special jurisdiction is conferred on a 'Judge, it does not necessarily follow that the conferral of jurisdic­tion is on the Civil Court over which he usually happens to preside. Under the Bombay District Municipal Acts, the jurisdiction to decide election disputes under those Acts has been conferred on the 'District Judge' of the district within which the election had been held or should have been held. It was held that the 'District Judge' acting under these Acts was not a Civil Court within the meaning of the Code of Civil Procedure. (See Balaji Sakhamm v. Merwanji Nowroji I L R 21 Bom. 279, a case under section 23 of the Bombay Act II of 1884; Gangadhar Baburao Gadre v, The Hubli Municipality I L R 50 Bom. 557=A I R 1926 Bom. 344, a case under section 22 of the Bombay Act III of 1901; Jagmohan v. Venkatesh A I R 1933 Bom. 105, and Keshav Ramchandra Bhuare v. Municipal Borough, Jalgaon I L R 1946 Bom. 143=A I R 1946 Bom. 64, cases under section 15 of the Bombay Act XVIII of 1925.)

    14. Indeed, in Balkrishna v. Vasudeva 44 I A 251, their Lordships of the Judicial Committee, when construing section 10 of the Act 20 of 1863 for deciding whether 'Civil Court' to whom jurisdiction had been conferred was a Court of know of a persona designata, took note of the fact that

    "it is to the Civil Court and not to an individual Judge who may preside in or constitute the Civil Court, that juris­diction is given."
    .

    15. In the instant case, there is ample, internal evidence to show that the Legislature was creating an Ad-hoc tribunal to decide election disputes under the Act and the Officer to preside over this Tribunal was the 'District Judge, Additional District Judge or a Civil Judge especially empowered by the State Government in this behalf, who, but for this empowering would be ordinarily presiding over the Civil Courts of the district.

    16. Firstly, as already pointed out, the special jurisdiction is vested in ' Judges' especially empowered, which would not be necessary, if it were a case of enlargement of the jurisdiction of the Civil Court as already existing. Secondly, according to section 20-A (5) of the Act, the order of the 'Judge' is a 'decision' which term, as pointed out in Ramchandra v. Ramnarayan Civil Revision No. 74 of 1954, decided on 6-6-1954, has been used to distinguish it from judgment, decree or final order of a Court of civil jurisdiction.

    Thirdly, under the rules framed under the Act, prescribing the procedure of inquiry into the election petition, there are these special features;

    (i) A petition must be presented to the 'Judge'. It has been held, under a similar provision in the Bombay Act that a petition presented to the Clerk of Court would be invalid. [See Gangaditar Baburao Gadre v. The Hubli Municipality (cit. sup.)]. This would be so because the 'Judge' not being a Civil Court, a presentation could be made to him alone as envisaged in the Act.

    (ii) Under rule 6, an enquiry into the election petition has to be made as nearly as may be in accordance with the procedure applicable under the Code of Civil Procedure to the trial of the suits.

    (iii) Legal fiction has been resorted to for vesting the 'Judge' under the Act with some of the powers of the Civil Court, which could not have been necessary if the 'Judge' was a Civil Court within the meaning of the Act.

    (a) Under rule 12, for the purposes of enquiry under the Act, the 'Judge' is vested with the powers of a Court under the Code of Civil Procedure when trying a suit and also is deemed to be the Civil Court within the meaning of sections 480 and 482 of the Code of Criminal Procedure.

    (b) Under rule 21, the 'Judge' has been empowered to execute his orders for costs as if the orders were a decree of the Civil Court.

    17. I have, therefore, no hesitation in holding that the 'Judge' under the Act is not a civil Court but an Ad-hoc Tribunal created by the Act for the purposes of deciding election disputes under it. If the 'Judge' is not a civil Court, then sections 4 and 29 of the Indian Limitation Act would have no applica­tion and the fact that the Civil Courts were closed for the period between 13-5-1955 and 12-6-1955 could be of no avail.

    18. The learned counsel further argues that the 'Judge' even though not a civil Court, is yet a 'Court' within the meaning of section 4 of the Indian Limit­ation Act. The contention has no force for even if it is admitted that the Elec­tion Tribunal is a 'Court' (though not a Civil Court), it has not been established that that 'Court' was closed between 13-5-1955 and 12-6-1955. I, therefore, hold that the 'Judge' had no jurisdiction to admit the petition contrary to the manda­tory provisions of section 20-A (2) of the Act beyond the prescribed period of 14 days. In view of the aforesaid decision, I need not examine the question whether the rejection of the nomination paper of the non-applicant, Hiralal, was proper, under the circumstances of the case,

    19. The revision petition is allowed and the election petition of the fort applicant filed on 13-6-1955 for setting aside the election of the applicant is dismissed with costs throughout.

    Application allowed

    Use AI to get other relevant cases.

    Comments

    Janardan v. Hiralal
    (Mar 23, 1956)