[Draft] Supreme Court to pass order on extension of limitation period

The Supreme Court has today said they may provide a 90 days limitation period (Order to follow) in an application preferred by the Election Commission of India (ECI) before the Supreme Court seeking directions for fixing a timeline for filing of Election Petitions in the States/ Union Territories of Assam, Kerala, NCT of Delhi, Puducherry, Tamil Nadu and West Bengal.

A bench of the Chief Justice of India NV Ramana, Justice L Nageswara Rao and Justice Surya Kant noted, "Don’t invite the third wave! If there is a third wave we will consider."

The application states that in the absence of such directions, all Electronic Voting Machines (EVMs) used in these States/Union Territories will remain stuck or unable to be used/ deployed for upcoming/ future elections.

The extension was granted by the court in light of the situation arising faced by the country on account of the spread of the Covid-19 virus and resultant difficulties that could be faced by the litigants across the country. In the March order, the court had held that in light of the pandemic situation, the "period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings".

Attorney General KK Venugopal submitted, “People are moving around a lot and in our knowledge, there is no containment zone anywhere.”

Senior Advocate Vikas Singh stated, "Instead of giving fresh 90 days for election petitions, 45 days can be the limitation. Nonetheless, whatever is the period of limitation, it should start from today and not October 1."

Whereas, on the contention of an Advocate seeking a stay on limitation period as there may be a third wave, CJ Ramana said, "No no! Don’t invite the third wave!" The bench further said that we will consider it again if there is a third wave.

The bench has stated that the order will follow while indicating that they may provide a 90 days limitation.

Case Title: IN RE Cognizance for Extention of Limitation