MOHD. ABUBAKKAR SIDDIQUE versus MUSTAFA SHAHIDUL ISLAM AND ORS.

Citation: [2000] 1 S.C.R. 270 · Decided: 18-01-2000 · Supreme Court of India · Bench: A.S. ANAND, S. RAJENDRA BABU, R.C. LAHOTI · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
B 
MOHD. ABUBAKKAR SIDDIQUE 
v. 
MUSTAFA SHAHIDUL ISLAM AND ORS. 
JANUARY 18, 2CCO 
[DR. AS. ANAND, 0, S. RAfENDRA BABU Al"ID 
R.C. LAHOTI, JJ.] 
Representation of People Act, 1951: Sections 109 and 110. 
C 
Election Petition--Withdrawal of-Application for substifll-
tion--Limitation period for filing-Reckoning of. 
Election petition filed by Respondent No. 16-Challenge to t:lectiun of 
returned candidate, Respondent No. 1--0n 29th April, 1997 application filed 
D for withdrawal of election petition-On 14th July, 1997, notices of the 
withdrawal application were issued and published in the Officia! Gazette as 
well as in local English newspaperj·--On 2.9.97, the withdrawal application 
was allowed and as mandated by Section 110 of the Act, a notification about 
the same was publishe~The notification was published in the new:.paper 
Assam Tribune, on 12th September, 1997---lt was also published in the 
E Government Gazette, on 20th September, 1997--0n 30th September, 1997 the 
appellant filed an application seeking pennission for substitution to be able 
to carry the proceedings in the election pefltion under Section 100(3)(c) of the 
Act-On 3rd October, 1997 the appellant also filed another application for 
the same relief-Both the applications dismissed on the ground that they were 
p barred by limitation as prescribed under Section 110 of the Ac~Appeal 
before this Court--Hel~The High Court erroneously calculated the period 
of limitation from the publication of the notice in the English daily Assam 
Tribune of 12.9.97 rather than from the date of publication in the Official 
Gazette-The period of 14 days ought to have been calculated from the date 
of publication of the withdrawal notice in the Official Gazette i.e. 20th 
G September, 1997---Both applications were within the statutory period of 14 
days calculated from the date of publication of the notice in the Official 
Gazette. 
CIVIL APPELLATE Jt.;RISDICTION: Civil Appeal No. 2057 of 
H 1999. 
270 
\ 
I ' 
MOHD. A. SIDDrQt;f v. MUSTAfA SHAHID CL ISLAM 
271 
From the Judgment and Order dated 6.12.97 of the Assam High A 
Court in M.C. No. 125/97 in E.P. No. 7 of 1996. 
Ms. NargoL'car, Shujat Husain and D.M. Nargolkar for the Appellant. 
Gopal Subramaniam, Krishna Sharma, J.R. Luwang and Mrs. S. 
Janani, for the Respondent No. 1. 
Vijay Hansaria for M/s. Jain Hansaria & Co. for the Respondent No. 
14. 
The following Order of the Court was delivered : 
Mohammed Idris Ali, re~pondent No. 16 in this appeal by special 
leave, filed an election petition under Section 80, read with Section 80-A 
of the Representation of the People Act, 1951, (hi::reinafter reforred to as 
B 
c 
the Act), calling in question the election of re~pundent No. 1 Shri Mustafa 
Shahidul Islam, l!S a member of the Assam Legislative Assembly from 83 D 
DHING Legislative Constituency Assembly in the gem:ral elections held in 
1996. Various allegations were made in the election petition with prayer 
for a pjrection for re-counting of votes polled in the dectiun and thereafter 
to declare the election of respondent No. 1 as void under Section 
100(1 )( d)(iii) and (iv) and to declare the dcction petitioner to haw been E 
duly elected from the said Assembly Constituency. The election petition 
came to be registered as Election Petition Nu. 7 of 1996 in the Gauhati 
High Court. The election petition was resisted by the returned candidate. 
Some of the other candidatt:s, who had filed their nomination papers and 
contested the elections, however, remained ex-parte in the High Court. 
The election petitioner had contested the election as a candidate 
nominakd by All India Congress (Tiwari), while the returned candidate -
respondent No. 1 contested the elections sponsored by Indian National 
Congress (I). It appears that in the meanwhile All India Congress (Tiwari) 
F 
and Indian National Congress (I) merged and on account of that merger, 
both the election petitioner and the returned candidate became members G 
of the same political party. At this stage, the election petitioner filed an 
application under Section 109 of the Act seeking to withdraw the election 
petition. This application was filed on 29th April, 1997. On 14th July, 1997, 
notices of the withdrawal application were issued and published in the 
Official Gazette as well as in local English newspapers. On 2.9.97, the H 
272 
SL'PRE).fE COCRT REPORTS 
[2000[ l S.C.R. 
A withdrawal application was allowed and as mandated by Section 110 o
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