2024 (3) TMI 1168 - HC - Indian Laws

Election petition filed online within limitation period cannot be time-barred due to procedural deficiencies

The Bombay HC held that an election petition filed online within the prescribed limitation period cannot be deemed time-barred due to procedural ... Time Limitation - Election Petition filed to challenge result of an Election (public) - Whether any procedural deficiency in the proceedings filed online within the prescribed limitation period designated with objection can be labelled as proceedings filed beyond limitation? - HELD THAT:- This Court observed that any deficiency in filing the Appeal / Application for failure to file the physical documents, cannot make the Appeal or the proceedings which was registered on the online portal within the prescribed period of limitation to be labelled and held to be barred by limitation. This Court held that once the proceedings are filed albeit under the online method within the prescribed limitation, any deficiency in the same certainly could be removed later on as the law does not provide that proceedings be strictly filed sans deficiency and only then the proceedings would be held to be validly filed. While referring to the e-filing Rules applicable to the present case, it is seen that there is nothing in the said Rules which could construe that the proceedings which have been filed by Petitioners on 20.11.2023 would debar them from maintaining the Election Petition. It is clear that the Petition is filed online and electronically by them before the end of the limitation period generating the remark “Document not serial”. This Court has held that to take an extreme view that if there is deficiency in filing it would debar the party from maintaining the action would tantamount to patent absurdity and it would result in gross injustice prejudicially affecting the legitimate right of persons to a legal remedy (access to justice). It is trite that parties will undoubtedly have an opportunity to remove the deficiencies, if any, which may prevail at the time of filing the proceedings, after the proceedings are filed. This Court has observed that procedural compliances can never defeat the substantive remedy and right to pursue substantive challenge and proceedings when filed within the limitation period - In the present case the procedural deficiency noted as “Document not serial” after admittedly electronically filing and registration of the Election Petition online on 20.11.2023 cannot be held to be as the Petition being not filed within the limitation period. What is crucial is the fact of receiving the Petition in the record of the Registry, which infact has been accomplished. The impugned orders dated 21.12.2023 passed by the learned Trial Court though have rejected the Application filed by Writ Petitioners which was on account of considering the physical filing of the Election Petition two days later, the jurisdiction of this Court and the amplitude of this Court while hearing writs under its extraordinary jurisdiction under Articles 226 and 227 of the Constitution of India is extremely wide - The objection raised or subsequent act of the Petitioners to file the Petition physically later cannot render the electronic filing of the Petition on 20.11.2023 as nugatory. Petitioners’ right to maintain challenge is upheld as the Petitions are held to have been filed on 20.11.2023 online, despite the objection raised. The objection undoubtedly being a curable defect. This Court can always cure the defect of the action which is occurred. Both the aforesaid Election Petitions have been filed within limitation on 20.11.2023 which was supposed to expire on 21.11.2023. They have therefore to be accepted as filed within limitation - Petition allowed. Issues Involved:1. Whether procedural deficiencies in online filing within the prescribed limitation period can be considered as proceedings filed beyond limitationRs.Summary:Issue 1: Procedural Deficiencies in Online Filing and Limitation PeriodIn both Writ Petitions, the core issue is whether procedural deficiencies in online filing within the prescribed limitation period can be considered as proceedings filed beyond limitation. The Election Petition was filed to challenge the election result declared on 06.11.2023, with a statutory limitation period of 15 days ending on 21.11.2023.Petitioner in Writ Petition No. 1273 of 2024 filed the Election Petition online on 20.11.2023, receiving an e-filing number with the remark 'document not serial' due to technical issues. The Petitioner also attempted physical filing on the same date but was advised to return after 2-3 days, which would be beyond the limitation period. On 22.11.2023, the Petitioner sought condonation of delay, which was rejected by the District Court on 21.12.2023, leading to the present Writ Petitions.The Petitioners argued that the Election Petition was filed within the limitation period on 20.11.2023 through e-filing, as evidenced by the e-filing number. They cited three decisions of the Bombay High Court supporting that e-filing within the limitation period, even with curable defects, is valid. The Respondent No. 5 contended that the physical filing on 23.11.2023 amounted to waiver of the e-filing and thus the Petition was beyond limitation.The Court held that the e-filing rules of the High Court of Bombay 2022 apply, and the definition of e-filing under Rule 2.7 includes filing through the internet at the web portal of the Court. The Court found that the Petitioners had complied with the e-filing requirements on 20.11.2023, and the objection 'document not serial' was a curable defect. The Court emphasized that procedural deficiencies should not defeat the substantive right to pursue legal remedies.The Court concluded that the Election Petitions were filed within the limitation period on 20.11.2023 and directed the Trial Court to allow the Petitioners to remove any defects and proceed with the Election Petitions in accordance with the law. The impugned orders dated 21.12.2023 were quashed and set aside, and both Writ Petitions were allowed and disposed of.