Supreme Court of India

Hukumdev Narain Yadav v Lalit Narain Mishra

AIR 1974 SC 480; (1974) 3 SCR 3119741 min read
The case in brief30-second read
Facts
An election petition was filed one day after the 45-day period under S.81 of the Representation of the People Act 1951.
Issue
Whether the delay could be excused, including under S.5 of the Limitation Act.
Held
The petition was time-barred. The Representation of the People Act is a complete and self-contained code, so S.5 of the Limitation Act does not apply, and S.86 requires dismissal for non-compliance with S.81.
Principle
Where a special law is a complete code, the general provisions of the Limitation Act are excluded by necessary implication.
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Facts

  • An election petition was filed one day after the 45-day period under S.81 of the Representation of the People Act 1951.

Issue

  1. Whether the delay could be excused, including under S.5 of the Limitation Act.

Held

  • The petition was time-barred. The Representation of the People Act is a complete and self-contained code, so S.5 of the Limitation Act does not apply, and S.86 requires dismissal for non-compliance with S.81.

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Citation

Hukumdev Narain Yadav v Lalit Narain Mishra AIR 1974 SC 480; (1974) 3 SCR 31

Reported: https://api.sci.gov.in/jonew/judis/6370.pdf ; https://indiankanoon.org/doc/1906339/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.