Supreme Court · 1995 INSC 871 · Decided 11 December 1995
Ramakant Mayekar ETC. ETC. v. SMT. Celine D Silva
- Court
- Supreme Court of India
- Citation
- 1995 INSC 871 · [1995] SUPP. 6 S.C.R. 492
- Case number
- CIVIL APPEAL No. 4731/1991
- Decided
- 11 December 1995
- Bench
- J.S. VERMA, N.P. SINGH, K. VENKATASWAMI (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Representation of the People Act Section 81(1), 86, 79(b)
Headnote
c D Election Law : Representation of the People Act, 1951 : Sections 81(1) and 86-Election petition-To be filed within a period of 45 days-Last date of limitation period a holiday-f'etition filed on the reopening day-Held: Section JO of the General Clauses Act, 1897 applicable and petition was a person prior to the date of his becoming a candidate-Have to be excluded for consideration. Sections 98, 99 and 100( l)(b )-Election Trial-Naming other persons who could be found guilty of comtpt practice-Notice-Issuance of-Held : E Court cannot first decide the election petition declaring the
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