BOLIN CHETIA versus JOGADISH BHUYAN AND ORS.

Citation: [2005] 2 S.C.R. 692 · Decided: 11-03-2005 · Supreme Court of India · Bench: R.C. LAHOTI

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
BOLIN CHETIA 
v. 
JOGADISH BHUY AN AND ORS. 
MARCH 11, 2005 
[R.C. LAHOTI, CJ. AND G.P. MATHUR, J.] 
Representation of the People Act, 1951-Section 116A-Appeal under_:_ 
Power of the Supreme Court to summarily dismiss the appeal at the admission 
C 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. 
D 
Supreme Court Rules, 1966-0rder XV, Rule 5A-Rule 5A has been 
inserted in Part JI 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 Indir;i, 1950-Article 145. 
E 
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. 
F 
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 
G 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 
H 
692 
-
-
BOUN CHETIA v . .IOGADJSH BHUY AN 
693 
documents, etc. 
Rejecting the submissions of appellant and directing the appeal to 
be placed for preliminary hearing (i.e. hearing on admission), the Court, 
A 
HELD : 1. Though an appeal under Section 116A of the Act is 
preferred as of right, yet the inherent power of this Court to summarily B 
dismiss the appeal at the admission stage is not taken away. 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. [706-H; 707-AI 
2. A bare reading of Sections 116A and 116C of the Representation C 
of the People Act shows that against every order passed by a High Court 
under Section 98 or Section 99 an appeal shall lie to the Supreme Court. 
The hearing is open on any question of law and fact, both. Every such 
appeal shall be "heard and determined", as nearly as may be, in 
accordance with the procedure applicable to the first appeals preferred D 
against any final order passed by a High Court in exercise of its original 
civil jurisdiction. The provisions of the Code of Civil Procedure shall, in 
case of inconsistency, give way to the provisions contained in the Act and 
the Rules made thereunder. The Supreme Court Rules additionally apply 
in relation to such appeals. [697-F-G] 
3. The Supreme Court Rules, 1966 framed in exercise of the powers 
conferred by Articie 145 of the Constitution do not provide for the 
procedure applicable to such appeals. If only Rules had been framed 
governing the procedure for hearing of appeals under Section l 16A of 
E 
the Act, the Court could have made a specific provision for either the F 
Registry issuing notice of lodgment of appeal to the respondents without 
hearing ex-parte or for the appeal being placed for preliminary hearing. 
[697-H; 704-BI 
4. Ruic SA is not applicable here as it finds mention in Part II, 
Order XV of the Rules dealing with appeals on certificate by High Court. G 
Rule SA cannot be interpreted as dealing with all types of statutory 
appeals filed before this Court. On the contrary, there are separate 
provisions contained in the Supreme Court Rules dealing with statutory 
appeals. [703-D, F) 
Mis. Go/cha Investment (P) Ltd v. Shanti Chandra Bafna, [1970) 3 H 
694 
SUPREME COURT REPORTS 
[2005) 2 S.C.R. 
A sec 65, distingui

Excerpt shown. Read the full judgment & AI analysis in Lexace.