FAO No. 4812 of 2009 (O&M) 1 In the High Court for the States of Punjab and Haryana at Chandigarh. Decided on 14.1.2010. Bhajan Kaur and others -- Appellants vs. Chamkaur Singh and others --Respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.H.S.Baath,Advocate, for the appellants Mr.Aman Bahri,Advocate,for the respondents. Rakesh Kumar Jain, J: (Oral) This appeal is directed against the order of learned Deputy Commissioner-cum- Presiding Officer, Election Tribunal, Tarn Taran, dated 03.6.2009 dismissing the election petition on the ground of limitation, observing as under:- After hearing the arguments of learned counsel for both the parties, going through the contents of the election petition, application under Section 5 of the Limitation Act, reply filed by the respondents to the election petition, order dated 06.3.2009 passed by the Hon'ble Supreme Court of India in Special Leave to Appeal (Civil) No. 3017/2009 and after having applied my mind judiciously, it is observed that the election petition filed by the petitioner is, in fact in the violation of orders dated FAO No. 4812 of 2009 (O&M) 2 6.3.2009 passed by the Hon'ble Supreme Court of India in the said Special Leave to Appeal (Civil) which was filed by the petitioners Gurtej Singh and others. Obviously, the petitioners have not filed the election petition within the stipulated period of three years to be reckoned w.e.f. the date of order i.e. 6.3.2009 because in this case as per the order dated 6.3.2009 of the Hon'ble Supreme Court of India, the petitioners could file the election petition only up to 26.3.2009 whereas the instant petition was filed by them on 1.4.2009 much beyond the said stipulated period of 3 weeks granted by the Hon'ble Supreme Court of India. The reasons stated by the petitioners are not tenable in the eyes of law when they contend that the order passed by the Hon'ble Supreme Court of India was received by them from their counsel from New Delhi on 31.3.2009 at 9.00 p.m. through fax. It is observed that as per the directions of the Hon'ble Supreme Court of India, it was liability of petitioners to have moved the instant election petition within the stipulated period granted to them by the Hon'ble Supreme Court of India but they have miserably failed in this respect. Moreover, the case law relied upon by the petitioners cited as 2001 (3) Civil Court Case 436 (Allahabad) page 436 is not applicable to their case because the facts of their case are altogether different to the facts of the cited cases. It is not the case wherein the limitation expired on the date when this Election Tribunal was on Holiday. Rather, it is the case where in Hon'ble Supreme Court of India vide its above mentioned order dated 6.3.2009 had dismissed the Special Leave to Appeal No.3019 of 2008 filed by the petitioners. However, the time to file the election petition was extended by the Hon'ble Supreme Court of India by three weeks from the date of order dated 6.3.2009. Therefore, the election petition was required FAO No. 4812 of 2009 (O&M) 3 to be filed by the petitioners up to 26.3.2009 but as mentioned above the petitioners had filed this election petition on 1.4.2009 which was beyond the time limit granted by the Hon'ble Supreme Court of India. Accordingly, the election petition being barred by the limitation period as granted by the Hon'ble Supreme Court of India is liable to be dismissed and the same is hereby dismissed on this score along without going to merits of case”. Learned counsel for the appellants was at pains to bring this case within the period of limitation, but in the face of orders of the Hon'ble Supreme Court of India dated 6.3.2009 and 30.3.2009, the election petition filed on 1.4.2009 is apparently beyond the period of limitation. Hence, this appeal is hereby dismissed. January 14,2010 (Rakesh Kumar Jain) RR Judge