Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Supreme Court Rules Representation of the People Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Representation of the People Act, 1951-Section 116A-Appeal under-Power of the Supreme Court to summarily dismiss the appeal at the admission stage-Held: Though an appeal under Section 116A of the Act is preferred as of right, yet the inherent power of Supreme Court to summarily dismiss the appeal at the admission stage is not taken away-But such power would be exercised only by way of exception such as, on the Court feeling convinced that the appeal does not raise any such question of fact or law as would persuade this Court to put the respondent. on notice. before hearing. Supreme Court Rules, 1966-order XV, Rule 5A-Rule 5A has been inserted in Part II of Order XV dealing with appeals on certificate by High Court-It cannot be interpreted as dealing with all types of statutory appeals filed before Supreme Court-Constitution of India, 1950-Article 145. Words and Phrases-"Appeal"--Meaning of Appellant was a candidate at the legislative assembly elections in the State of Assam. He lost in the election. His election petition was dismissed by the High Court. He has filed the present appeal under Section 116A of the Representation of the People Act, 1951. When the appeal was placed before this Court, it felt it could hear the appellant on the question· of admission, that is, whether the appeal deserved to be admitted for bi-parte hearing. Appellant resisted the move of the Court submitting that this appeal being a statutory first appeal, it should be admitted for hearing bi-parte as of right and a notice to respondents must issue as a matter of course. He further submitted that the appeal need not have been listed before the Court for the purpose of hearing on admission; rather the Registry itself should have directed notice to be issued to the respondents and placed the appeal only soliciting directions in the matter of printing of the paper books, filing of documents, etc. |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2005 INSC 136 |
Petitioner | Bolin Chetia |
Respondent | Jogadish Bhuyan And Ors. |
SCR | [2005] 2 S.C.R. 692 |
Judgement Date | 2005-03-11 |
Case Number | 7376 |
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