AIR 1999 SUPREME COURT 3558 ::1999 AIR SCW 3563 ::1999 (8) ADSC 254 ::1999 ADSC 8 254 ::1999 (8) SCC 266 ::(1999) 6 Scale 40 ::(2000) 3 BLJ 189 ::2000 (1) PatLJR 36 ::(2000) 4 SCJ 569 ::2000 (1) LRI 1108 ::1999 (8) Supreme 389 ::(1999) 7 JT 256 (SC) ::1999 (7) JT 256

Supreme Court Of India

(From : Patna)*

Hon'ble Judge(s): A. S. Anand, S. Rajendra Babu, R. C. Lahoti , JJJ

Representation of The People Act (43 of 1950) , S.86— General Clauses Act (10 of 1897) , S.10— Presentation of election petition - Limitation and mode of - Presentation before Bench clerk, incorrect - Working of open Court suspended because of death reference of Advocate - Presentation of petition before Bench clerk on last date of prescribed period of Limitation, improper - Petition again refiled in the open Court on very next date is within limitation - S. 10 of General Clauses Act applies to save limitation period. E. P. No. 23 of 1995, D/- 3-10-1997 (Patna), Reversed. Patna High Court Rules (1916) , Chap.21E R.6— Proper presentation of an election petition in the Patna High Court can only be made in the manner prescribed by R. 6 of Chap. 21-E. The plain phraseology of R. 6 read with the proviso thereto makes it abundantly clear that formal presentation of an election petition can be made only to the designated election Judge in the open Court and "if on any Court day the Judge is not available on account of temporary absence or otherwise, the petition may be presented before the Bench hearing civil applications and motions". Thus, the High Court Rules do not prescribe any other mode of presentation of an election petition except in the open Court either before the designated election Judge or before the Bench hearing civil applications and....