TaxTMI 
TaxTMI 
2018 (8) TMI 2143
X X X X Extracts X X X X
X X X X Extracts X X X X
....the elected candidate. On 10 February 2016, the first Respondent filed an Election Petition namely, Civil Suit 9/2016 (CS 1086/2016) Under Section 176 of the Haryana Panchayati Raj Act 1994 challenging the election of the Appellant. Upon service of the election petition, the Appellant filed an application Under Order 7 Rule 11 of the Code of Civil Procedure for rejection of the petition on the ground that the first Respondent had failed to present it in person as required by Section 176. Notice was issued on the application. The Respondent filed her reply. On 1 March 2016, the first Respondent moved an application for withdrawal of the election petition. The application was allowed by the Civil Judge, Junior Division on the same day and the....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Section 14 of the Limitation Act does not provide for filing of a separate application. In any case, now application Under Section 14 of the Limitation Act has already been filed, therefore, the irregularity, if any, stand cured. 3. The learned Counsel appearing on behalf of the Appellant submits that the Haryana Panchayati Raj Act 1994 is a complete code for the presentation and adjudication of election petitions. Counsel submitted that an election petition has to be instituted Under Section 176 within 30 days from the date of the declaration of the results of the elections. An election petition which does not comply with Section 176 must be rejected outright. Learned Counsel submitted that this view has consistently been followed in s....
X X X X Extracts X X X X
X X X X Extracts X X X X
....should have been held, for the determination of such question. (2) A Petitioner shall not join as Respondent to his election petition except the following persons: (a) where the Petitioner in addition to challenging the validity of the election of all or any of the returned candidates claims a further relief that he himself or any other candidate has been duly elected, all the contesting candidates other than the Petitioner and where no such further relief is claimed, all the returned candidates; (b) any other candidate against whom allegations of any corrupt practices are made in the election petition. (3) All election petitions received Under Sub-section (1) in which the validity of the election of memb....
X X X X Extracts X X X X
X X X X Extracts X X X X
....avour of each candidate, declare the candidate who is found to have the largest number of valid votes in his favour, to have been duty elected: Provided that after such computation, if any, equality of votes is found to exist between any candidate and the addition of one vote will entitle any of the candidate to be declared elected, one additional vote shall be added to the total number of valid votes found to have been received in the favour of such candidate or candidates, as the case may be, elected by lot drawn in the presence of the judge in such manner as he may determine. (5) A person shall be deemed to have committed a corrupt practice- (a) who with a view to induce a voter to give or to refrain from givin....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 6. In Hukum Dev Narain Yadav v. Lalit Narain Mishra (1974) 2 SCC 133, while considering whether the provisions of the Limitation Act 1963 would be applicable to an election petition under the Representation of People Act 1951, P. Jaganmohan Reddy, J., speaking for a three Judge bench of this Court held thus: The applicability of these provisions has, therefore, to be Judged not from the terms of the Limitation Act but by the provisions of the Act relating to the filing of election petitions and their trial to ascertain whether it is a complete code in itself which does not admit of the application of any of the provisions of the Limitation Act mentioned in Section 29(2) of that Act. This Court held that the provisions of Secti....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s a complete code and a special law. The scheme of the special law shows that the provisions of Sections 4 to 24 of the Indian Limitation Act do not apply. If an election petition is not filed within the prescribed period of forty-five days, Section 86(1) of the Act, which provides that the High Court shall dismiss an election petition which does not comply with the provisions of Section 81 or Section 82 or Section 117, is straightaway attracted. 9. The Haryana Panchayati Raj Act 1994 is a complete code for the presentation of election petitions. The statute has mandated that an election petition must be filed within a period of 30 days of the date of the declaration of results. This period cannot be extended. The provision of Section 14....