The Punjab and Haryana high court on Thursday adjourned hearing on a review plea against the dismissal of a petition challenging Shiromani Akali Dal (SAD) MP Harsimrat Kaur Badal's election from Bathinda.
The bench of Justice Mahesh Grover had on May 8 declared the petition challenging Harsmirat's election as "time barred" and quashed it.
The petitioner has now submitted that the HC had failed to notice the argument put forward by him that the plea was not "time barred".
Muktsar resident Navjot Singh had filed a petition challenging Harsmirat's election on June 30, 2014. The petitioner said the Lok Sabha poll results were announced on May 16, 2014, and the 45-day limit (to file an election petition) was to be over on June 30 without counting the day of declaration of results.
"In Tarun Prasad Chatterjee vs Dinanath Sharma case (2001) , the SC had dealt with the issue of computation period of limitation to file election petitions under Section 81 (1) of the Representation of People Act-1951 and had held that first day (day of declaration of result) was to be excluded and last day included," petitioner's counsel SS Swaich said.
The HC had accepted Harsimrat's contention that limitation period of 45 days was over on June 29 and dismissed the petition terming it "non-maintainable".
Navjot Singh had sought Harsimrat's disqualification on the grounds that she had issued election advertisements on television channels seeking votes in the name of religion. The court will hear now the review petition on July 15.