IN THE HIGH COURT OF JUDICATURE AT PATNA E.P. No.8 of 2009 GOPAL NISHAD . Versus ELECTION COMMISSIONER OF INDIA . For the petitioner : Mr. Binoy Kumar Sinha-1, Advocate. For the Election Commission : M/s J.P. Karn, Sr.Adv., Sidharth Prasad, Advocate ----------- 11. 28.01.2010 None appears for the election petitioner. Present election petition questioning the election of respondent no.5, Mahabali Singh from 35- Karakat Parliamentary Constituency, conducted during the general election 2009 has been put up for orders as the same is barred by limitation as it was filed after 45 days of the declaration of the result of the election. By filing the limitation petition kept at Flag-A, the election petitioner has requested this Court to condone the delay of eight days in filing the petition. The election petition has been filed in terms of the provisions contained in the Representation of People Act, 1951(hereinafter referred to as “the Act”), Section 86 whereof gives a mandatory command to the High Court to dismiss the election petition which does not comply with the provisions of Sections 81, 82 or 117. Section 81 require the election petition to be presented before the High Court within 45 days of the declaration of the result, failing which the petition has to be dismissed. 2 The mandatory scheme of the Act exclude the application of Limitation Act, 1963 and such view has been taken by the Hon’ble Supreme Court in the case of Hukumdev Narain Yadav Versus Lalit Narain Mishra, reported in AIR 1974 Supreme Court 480. 3. The election petition having been filed beyond the period of 45 days of the declaration of result of election of respondent no.5 is barred by limitation and is, accordingly, dismissed. Rajesh/ ( V. N. Sinha, J.)