Representation of the People Act,1951
Act No : 43
Section :
APPEALS
2[CHAPTER IVA APPEALS 116A.Appeals to Supreme Court. (1) Notwithstanding anything contained in any other law for the time being in force, an appeal shall lie to the Supreme Court on any question (whether of law or fact) from every order made by a High Court under section 98 or section 99. (2)Every appeal under this Chapter shall be preferred within a period of thirty days from the date of the order of the High Court under section 98 or section 99: Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such period. 116B. Stay of operation of order of High Court. (1) An application may be made to the High Court for stay of operation of an order made by the High Court under section 98 or section 99 before the expiration of the time allowed for appealing therefrom and the High Court may, on sufficient cause being shown and on such terms and conditions as it may think fit, stay the operation of the order; but no application for stay shall be made to the High Court after an appeal has been preferred to the Supreme Court. (2)Where an appeal has been preferred against an order made under section 98 or section 99, the Supreme Court may, on sufficient cause being shown and on such terms and conditions as it may think fit, stay the operation of the order appealed from. (3)When the operation of an order is stayed by the High Court or. as the case may be, the Supreme Court, the order shall be deemed never to have taken effect under sub-section (1) of section 107 ; and ---------------------------------------------------------------------- 1 Subs. by Act 47 of 1966, s. 49, for "the Tribunal" (w.e.f. 14-12- 1966). 2 Ins. by Act 27 of 1956. s. 62. 3 Subs. by Act 47 of 1966, s. 50, for ss. 116A and 116B (w.e.f. 14- 12-1966). ---------------------------------------------------------------------- 85 a copy of the stay order shall immediately be sent by the High Court or, as the case may be, the Supreme Court, to the Election Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or of the State Legislature concerned. 116C. Procedure in appeal. (1) Subject to the provisions of this Act and of the rules, if any, made thereunder, every appeal shall be heard and determined by the Supreme Court as nearly as may be in accordance with the procedure applicable to the hearing and determination of an appeal from any final order passed by a High Court in the exercise of its original civil jurisdiction ; and all the provisions of the Code of Civil Procedure, 1908(5 of 1908). and the Rules of the Court (including provisions as to the furnishing of security and the execution of any order of the Court) shall so far as may be, apply in relation to such appeal. (2) As soon as an appeal is decided, the Supreme Court shall intimate the substance of the decision to the Election Commission and the Speaker or Chairman, as the case may be, of the House of Parlia- ment or of the State Legislature concerned and as soon as may be thereafter shall send to the Election Commission an authenticated copy of the decision; and upon its receipt, the Election Commission shall- (a) forward copies thereof to the authorities to which copies of the order of the High Court were forwarded under section 106 ; and (b) cause the decision to be published in the Gazette or Gazettes in which that order was published under the said section.]
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