The bench headed by Justice Samit Gopal in the case observed and has stated that the 1951 Act is a code in itself and thus, the Limitation Act, 1963 provisions do not apply to election petitions, and the filing or presentation of the election petition is strictly governed by Section 81 of the Act, 1951.
The court stated that the merits of an election petition cannot be seen and considered unless and until it is maintainable and not barred by limitation.
The court stated that section 81 of the Representation of the People Act, 1951 provides that an election petition may be presented to the High Court within 45 days from, but not earlier than, the date of election of the returned candidate or, if there is more than one returned candidate at the election and the dates of their election are different, the later of those two dates.
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