Holding

An election petition is an "application" under Section 671 of the Hyderabad Municipal Corporation Act, 1955, so Section 5 of the Limitation Act, 1963 applies to it.

Summary

The Supreme Court considered two appeals challenging High Court orders that dismissed election petitions filed under the Hyderabad Municipal Corporation Act, 1955 on the ground of limitation. The petitioners, Shaik Saidulu @ Saida and Gogineni Sujatha, had filed petitions after the prescribed two‑month period but sought condonation of delay under Section 5 of the Limitation Act, 1963. The High Court held that an election petition was not an "application" within Section 671 of the Act and therefore Section 5 did not apply. The Supreme Court held that the term "application" in Section 671 includes election petitions, making Section 5 of the Limitation Act applicable and allowing condonation of delay. Consequently, the High Court orders were set aside and the matters remitted to the Election Tribunal for merits determination.

Issues considered

Whether Section 5 of the Limitation Act, 1963 applies to election petitions filed under the Hyderabad Municipal Corporation Act, 1955.
Whether an election petition qualifies as an "application" within the meaning of Section 671 of the Hyderabad Municipal Corporation Act, 1955.

Legislation cited

General Clauses Act, 1897s. 10
Limitation Act, 1963s. 12, s. 13, s. 29(2), s. 5

Subjects

election petitionlimitation periodSection 5 Limitation ActHyderabad Municipal Corporation Actstatutory interpretationcondonation of delayelection law

Judgment

SHAIK SAIDULU @ SAIDA A
v.
CHUKKA YESU RA TNAM AND ORS.

JANUARY 23, 2002

[G.B. PATTANAIK AND R.P. SETHI, JJ.] B

Election :

Hyderabad Municipal Corporation Act, 1955-Sections 71 and 671 (2)-
Election petition-Delay-Condonation of-Applicability of Section 5 of the C
Limitation Act-High Court held not applicable since election petition was
not an application within the meaning of Section 671-0n appeal-Held,
applicable since harmonious interpretation of various provisions of the Act
would show that election petition was intended to be an application for the
purpose of /imitation-Limitation Act, 1963-Section 5. D
interpretation of Statutes-An interpretation defeating the purpose of
the Act in cloak of technicalities not permissible.
Words & Phrases :
'Application '-Meaning of in the context of Section 671 of Hyderabad E
Municipal Corporation Act, 1955.
The question involved in these appeals was whether Section 5 of
Limitation Act was applicable to the Election Petition filed under
Hyderabad Municipal Corporation Act, 1955. This question was answered
in the negative by the High Court. Hence these appeals.
F
Allowing the appeals, the Court

HELD : I. High Court was not justified in holding that the election
petition was not an application within the meaning of Section 671 of the
Hyderabad Municipal Corporation Act, 1955. Sub-section (2) of Section
71 of the Act specifically provides the period of limitation for filing the G
election petition for which sub-section (I) of Section 671 of the Act would
be applicable to attract sub-section (2) of Section 71 thereby applying the
provisions of Section 5 of the Limitation Att 1963 to the election petition
filed under the Act. In the instant appeals, the High Court appears to have
adopted a very technical approach by totally ignoring the purpose and H
403
404 SUPREME COURT REPORTS [2002] I S.C.R.

A object of the Act and the conduct of the respondents in not constituting
the Tribunal thus preventing the aggrieved from approaching tile Tribunal
to challenge the election by way of electjon petition. The orders of the High
Court, being contrary to law, are thus not sustainable. (410-D-EI

2. Even though the period of limitation for challenging the election
B petition, under the Act, is provided vide sub-section (2) of Section 71, yet
the Section or the Chapter in which it appears, does not stipulate as to
the applicability or non-applicability of the provisions of the Limitation
Act, 1963. However, Section 671, appearing under Miscellaneous
Provisions under the Act, provides that in computing the period of
C limitation, fixed for an appeal or application, referred to in the Act, the
provisions of Sections 5, 12 and 13 of the Limitation Act shall, so far as
may be, apply. Sub-section (2) of Section 671 provides that when no time
is fixed by the Act for the presentation of an appeal or application such
appeal or application shall be presented within 30 days from the date of
order in respect of or against which the appeal or application is presented.
]) (408-A-CI

Mangu Ram v. Municipal Corporation of Delhi, 119761 2 SCR 260,
referred to.

3. The word "application" could be understood in generic sense as
E a prayer made to an authority for some relief to set. aside an order of
another authority. The Word "application" as used in Section 671 of the
Act, would include within its embit an election petition wherein a voter
or the candidate makes the prayer to the court and seeks the redressal of
his grievances regarding the conduct of the elections. Holding election
F petition not to be covered within the term "application" would amount
to adopting a hyper-technical approach which would defeat the very
purpose of the Act and the provisions made therein for disputing the
authenticity and the conduct of the election. To overcome the confusion
regarding the definition between the application and the petition, a new
definition of an application was inserted in the Limitation Act which
G defined it to include a petition. The object of the new definition is to
provide a period of limitation for original application, interlocutory
applications and petitions under special law, to which the Act has been ../'
made applicable. (409-G; 410-B-DI

P. Philip v. The Director of Enforcement, New Delhi & Anr., AIR (1976)
H SC 1185, referred to.
SHAIK SAIDULU@ SAIDA v. CHUKKA YESU PATNAM [R.P. SETHI, J.] 405

4. The harmonious interpretation of various provisions of the Act A
would clearly show that the election petition was intended to be taken, by
the Legislature, as an application for the purposes of limitation in terms
of section 671. Taking any other view would defeat the very purpose of
the enactment providing for filing of an election petition calling in question
any elections on the grounds specified under the Act. The remedy provided B
under a statute cannot be defeated under the cloak of technicalities by
adopting a hypertechnical approach. Free and fair elections are a
guarantee of the democratic polity and for achieving such an objective
various provisions are made applicable to the election laws, most
Important of which is the remedy of challenging the elections on the
grounds specified under the statute. In the absence of the applicability of C
Section 5 of the Limitation Act, the rights of the aggrieved person,
intended to challenge an election, can be defeated by the executive of the
State by not appointing the Election Tribunal as is shown to have been
done in the instant cases. An interpretation which facilitates the defeating
of purpose of the Act cannot be accepted. (410-F; 411-8; 411-C)
D
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 652 of
2002.

From the Judgment and Order dated 24.1.200 I of the Andhra Pradesh
High Court in C.R.P. No. 5185 of 2000.

WITH E
C.A. No. 653 of 2002.

R.F. Nariman, S. Udaye Kumar Sagar, Ms. Bina Madhavan, Prasamth
• P., A.V. Rangam, A.R. Ranganadhan, D.V. Reddy, R.S. Krishnan, D. Mahesh
~ Babu and Amit Dhingra for the appearing parties. F
The Judgment of the Court was delivered by

SETHI, J. Leave granted.

Both the appeals are filed against the similar orders of the High Court
by which the election petitions filed by the appellants under Section 71 of the G
Hyderabad Municipal Corporation Act, 1955 (hereinafter referred to as "the
Act") were dismissed on the ground that such petitions were barred by
limitation. The High Court held that the provisions of Section 671 of the Act
were not applicable to an election petition filed under Section 71 of the said
Act. To arrive at such a conclusion, the High Court held that applications,
referred to in Section 671 of the Act, did not include within its ambit, an H
406 SUPREME COURT REPORTS (2002] I S.C.R.

A election petition, as provided under the Act vide Section 71. The only question
of law, argued before us, which would decide the fate of the appeals, is as
to whether Section 5 of the Limitation Act is applicable to the election petitions
filed under the Act or not.

The facts giving rise to the filing of the appeals are that the appellant
B Shaik Saidulu @ Saida (in Civil Appeal arising out of SLP 8034 of 2001)
filed nomination for the post of Mayor of Guntur Municipal Corporation on
behalf of Indian National Congress Party on 21.2.2000. Upon scrutiny, the
nomination papers of the parties contesting the appeals, were found to be in
order. Elections were held on 9.3.2000 and the first respondent, who contested
C the elections as a candidate of Telugu Desam party, was declared elected to
the post of Mayor, Guntur Municipal Corporation on 11.3.2000. Aggrieved
by the result of the election, the appellant filed an election petition before the
#

DistrictJudge, Guntur on 29.3.2000 which was returned to him on 31.3.2000
on the ground that the District Judge was not the Tribunal to hear the election
petition. The Election Tribunal was constituted in the first week of May,
D 2000 when the courts were closed for summer vacation and its notification
was allegedly published on 28.5.2000. After re-opening of the courts, the
appellant again filed the election petition before the District Judge, Guntur on
3 .6.2000, allegedly not being aware of the constitution of the Election Tribunal.
His election petition was again returned on 17.6.2000. After coming to know
E about the constitution of the election Tribunal, the appellant presented the
election petition before the Tribunal at Hyderabad on 22.6.2000. The Tribunal
returned the election petition allowing the appellant 7 days time for filing the
election petition along with application for condonation of delay. As per
direction of the Election Tribunal, the appellant again filed his election petition
with an application under Section 5 of the Limitation Act seeking the
F condonation of delay of 42 days in filing the election petition. The Election
Tribunal allowed IA No .6 of the appellant and condoned the delay in filing
the petition. Aggrieved by the order passed by the Election Tribunal, the
respondent No. I moved the High Court of Andhra Pradesh invoking its
extraordinary jurisdiction under Article 227 of the Constitution oflndia praying
G for the dismi.ssal of the election petition of the appellant on the ground of
being barred by limitation. The High Court allowed the petition vide the
order impugned in this appeal and held the petition filed by the appellant
barred by time.

The appellant Gogineni Sujatha (in Civil Appeal arising out of SLP
H 8744 of 2001) was a candidate to the elections of a Member of Vijayawada
SHA!KSAIDULU@ SAIDA v. CHUKKA YESU PATNAM [R.P. SETHI, J.] 407

Municipal Corporation from Ward No. 32. The respondent No. I in that A
appeal was declared elected as Member of the Municipal Corporation from
Ward No. 32 on 9.3.2000. The appellant filed an election petition in the court
of District and Sessions Judge, Krishna on 3.5.2000 as by that time no Election
Tribunal, as contemplated under the Act, had been constituted. The
Government constituted the Election Tribunal for the area on 13.5.2000,
\ admittedly, after the period of limitation prescribed for filing the election B
\ petition under the Act. When the Election Tribunal issued notice regarding

\)
its appointment and invited applications for disputes with respect to the
elections to the Municipal Corporations of Andhra Pradesh on 24.5.2000, the
District Judge, Krishna returned the election petition of the appellant on
25 .5 .2000 directing him to file the same before the appropriate Tribunal by C
granting him seven days time. The appellant presented the election petition
before the Election Tribunal at Hyderabad on 29.5.2000, concededly within
the time allowed by the District Judge for presentation of such a petition. The
appellant also filed an application for condonation of delay of 18 days under
Section 5 of the Limitation Act. The Election Tribunal accepted the prayer
and condoned the delay of 18 days vide its order dated 13 .9 .2000. Not satisfied D
with the order of the Tribunal, the respondent No. I moved the High Court
invoking its powers under Article 226 of the Constitution of India, praying
that the order of the Election Tribunal be set aside. The High Court allowed
the prayer of the respondent No. I and held the election petition, filed by the
appellant, not maintainable as per Limitation Act. E

There is no dispute that the elections of the Mayor and the Members
of the Corporations are governed by the provisions of the Act. Any person
aggrieved has a right to challenge the election by way of an election petition
under the Act. Section 71 of the Act provides:
F
"Election Petition: (I) No election held under this Act shall be called
in question except by an election petition which shall be presented in
such manner as may be prescribed.

(2) An Election petition calling in question any election may be G
presented on one or more of the grounds specified in clauses (i) and
(ii) of Sections 79 and 80 to the Election Tribunal by any candidate
at such election or any voter, within two months from, but not earlier
than the date of election of the returned candidate or ifthere are more
than one returned candidate at the election and the dates of the election
are different is the latter of those two dates." H
408 SUPREME COURT REPORTS [2002] I S.C.R.

A Even though the period of limitation for challenging the election petition,
under the Act, is provided vide sub-section (2) of Section 71, yet the Section
or the Chapter in which it appears, does not stipulate as to the applicability ~
or non-applicability of the provisions of the Limitation Act. However, Section I
671, appearing in the Part of Miscellaneous Provisions under the Act, provides I
B that in computing the period of limitation, fixed for an appeal or application,
referred to in the Act, the provisions of Sections 5, 12 and 13 of the Limitation
Act shall, so far as may be, apply. Sub-section (2) of Section 671 provides
that when no time is fixed by the Act for the presentation of an appeal or
application such appeal or application shall be presented within 30 days from
the date of order in respect of or against which the appeal or application is
C presented.
This Court in Hukumdev Narain Yadav v. La/it Narain Mishra, [1974)
3 SCR 31 held that the provisions of Section I 0 cf the General Clauses Act
would certainly apply to election petition filed under the Representation of
People Act, 1951 without specifically deciding the applicability of Section 4
D of the Limitation Act to the election petitions. The Court held that the
applicability of Section 5 of the Limitation Act to election petitions, filed
under the Representation of People Act, can be determined upon the terms
of Section 29(2) of Limitation Act. It held:

"Whether s.5 could be invoked would also depend on the applicability
E of sub-s.(2) of s.29 of the Limitation Act to election petitions. Under
this sub-section where a special or local law provides for any suit,
appeal or application a period different from the period prescribed
therefor by the Schedule, the provisions specified therein will apply
only in so far as and to the extent to which they are not expressly
•
excluded by such special or local law. Under s.29(2) of the Limitation
F
Act of 1908 as am.ended in 1922, only s.4, ss.9 to 18 and s.22 of that
Act applied ordinarily unless excluded by a special or local law."

The Court further held:

"It was sought to be contended that only those provisions of the
G
Limitation Act which are applicable to the nature of the proceedings
under the Act, unless expressly excluded, would be attracted. But this
is not what s.29(2) of the Limitation Act says, because it provides
that ss.4 to 24 (inclusive) shall apply only in so far as, and to the
extent to which, they are not expressly excluded by such special or
H local law. If none of them are excluded, all of them would become
SHAIK SAIDULU @SAIDA v. CHUKKA YESU PATNAM [R.P. SETHI, J.] 409

applicable. Whether those sections are applicable is not detennined A
by the terms of those sections, but by their applicability or
inapplicability to the proceedings under the special or local law. A
person who is a minor or is insane or is an idiot cannot file an
election petition to challenge an election, nor is there any provision
in the Act for legal representation of an election petitioner or B
respondent in that petition who dies, in order to make s.16 of the
Limitation Act applicable. 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 C
the Limitation Act mentioned in s.29(2) of that Act."

Again in Mangu Ram v. Municipal Corporation of Delhi, [1976) 2
SCR 260, this Court held that the provisions of Section 5 of the Limitation
Act were not applicable to the election petitions as sub-section (2) of Section
29 of the Limitation Act specifically excluded the applicability of Section 5 D
of the Limitation Act. However, in Limitation Act of 1963, sub-section (2)
of Section 29 was deleted and the provisions of Sections 4 to 24 (inclusive)
• .J.
were made applicable to any special or local law prescribing different period
of limitation for any suit, appeal or application. It was held that for non-
applicability of Section 5 of the Limitation Act, the exclusion must be specific E
under the special statute.

In this case, th~ High Court, vide impugned order, made a distinction
between application and petition to hold that the election petition, under the
Act, was not an application referred to in Section 671 of the Act. Neither the
application, nor the election petition is defined under the Act. The Dictionary F
meaning of the word "application" is: "(I) a formal request to an authority,
(2) the action of putting something into operation, practical use or relevance,
(3) the action of applying something to a surface, (4) sustained effort, (5)
computing a program or piece of software designed to fulfil a particular
purpose". The word "application" could be understood in a generic sense as G
a prayer made to an authority for some relief to set aside an order of another
·~ authority.

This Court in Prem Raj v. Ram Charan, AIR (1974) SC 968 observed
that the plaint, which makes a request to the court, is an application. However,
written statement was held not to be an application because it does not include H
410 SUPREME COURT REPORTS [2002] I S.<;.R.

A any request to the court.
-;,
In P. Philip v. The Director of Eriforcement, New Delhi & Anr., AIR '
(1976) SC 1185 the Court held the word "application" is synonymous with
the term "petition" which means a written statement of material facts,
requesting the court to grant the relief or remedy based on those facts. It is
B a peculiar mode of seeking redress recognised by law.

We have nc; doubt in holding that the word "application", as used in
Section 671 of the Act, would include within its ambit an election petition
wherein a voter or the candidate makes the prayer to the court and seeks the
redressal of his grievances regarding the conduct of the elections. Holding
.
c election petition not to be covered within the term "application" would amount
~

to adopting a hyper-technical approach which would defeat the very purpose
of the Act and the provisions made therein for disputing the authenticity and
the conduct of the election. To overcome the confusion regarding the definition
between the application and the petition, a new definition of an application
D was inserted in the Limitation Act, 1963 which defined it to include a petition.
The object of the new definition is to provide a period of limitation for
original applications, interlocutory applications and petitions under special
:.
law, to which the Act has been made applicable.

In our considered opinion the High Court was not justified in holding
E that the election petition was not an application within the meaning of Section
67 I of the Act. Sub-section (2) of Section 71 of the Act specifically provides
the period of limitation for filing the election petition for which sub-section
(1) of Section 671 of the Act would be applicable to attract the sub-section
(2) of Section 7 I thereby applying the provisions of Section 5 of the Limitation
F Act to the election petitions filed under the Act. J

We do not agree with the submissions made on behalf of the respondent
that no period of limitation is prescribed for the election petition and that the
provisions of sub-section (2) of Section 671 would be attracted excluding the
applicability of Section 5 of the Limitation Act. The harmonious interpretation
G of various provisions of the Act would clearly show that the election petition
was intended to be taken, by the Legislature, as an application for the purposes
of limitation in terms of Section 671. Taking any other view would defeat the .J'JL.
very purpose of the enactment providing for filing of an election petition
calling in question any elections on the grounds specified under the Act. The
remedy provided under a statute cannot be defeated under the cloak of
H technicalities by adopting a hyper-technical approach. The free and fair
SHAIK SAIDULU@SAIDA v. CHUKKA YESU PATNAM [R.P. SETHI, J.] 411

elections are a guarantee of the democratic polity and for achieving such an A
...- objective various provisions are made applicable to the election laws, most
- /
important of which is the remedy of challenging the elections on the grounds
specified under the statute. In the absence of the applicability of Section 5 of
the Limitation Act, the rights of the aggrieved person, intended to challenge
an election, can be defeated by the executive of the State by not appointing
the Election Tribunal as is shown to have been done in the instant cases. In B
the appeal filed by Gogineni Sujatha, it is not disputed that the Election
Tribunal was constituted after the expiry of period of limitation prescribed
for filing an election petition. Similarly in the case of Shaikh Saidulu @
... Saida sufficient time was allowed to lapse preventing the filing of the election
~
petition for no fault of the appellant. Can an interpretation be accepted which c
facilitates the defeating of purpose of the Act? The answer is emphatically,
No.

In the instant appeals, the High Court appears to have adopted a very
technical approach by totally ignoring the purpose and object of the Act and
the conduct of the respondents in not constituting the Tribunal, with the D
result of preventing the aggrieved from approaching the Tribunal to challenge
• .• the election by way of election petition. The orders of the High Court, being
contrary to law, are thus not sustainable.

The appeals are allowed accordingly by setting aside the impugned
orders and remitting the cases back to the Election Tribunal for deciding the E
election petitions on merits. No order as to costs.

K.K.T. Appeals allowed.
>