BOLIN CHETIA versus JOGADISH BHUYAN AND ORS.

BOLIN CHETIA versus JOGADISH BHUYAN AND ORS.

Supreme Court has inherent power to summarily dismiss an appeal under Section 116A, Representation of the People Act, 1951, at the admission stage, even though such appeal is a statutory first appeal as of right; this power is exercised only exceptionally, such as where the appeal raises no arguable question of fact or law warranting issuance of notice to respondent.

Parties
Appellant: Bolin Chetia; Respondents: Jogadish Bhuyan and Ors.
Jurisdiction
India
Judgment Date
11 March 2005
Procedural Posture
Civil Appeal / Admission/preliminary Hearing
Outcome
Appeal placed for preliminary hearing (admission); appellant's submissions rejected regarding notice to respondents.
Legal Topics
Appeals to Supreme Court, Dismissal at Admission Stage, Procedure for Statutory Appeals, Representation of the People Act
Election Law Civil Procedure Appeals to Supreme Court Dismissal at Admission Stage Procedure for Statutory Appeals Representation of the People Act

Case Brief

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Parties

Bolin Chetia

Appellant

Jogadish Bhuyan and Ors.

Respondents

Procedural Posture

Civil Appeal / Admission/preliminary Hearing

Legal Issues

  1. 1 Whether Supreme Court has inherent power to summarily dismiss appeal under Section 116A, Representation of the People Act, at admission stage
  2. 2 Whether respondents must be put on notice as a matter of course on filing of statutory first appeal under Section 116A
  3. 3 Applicability of Supreme Court Rules, 1966, Order XV, Rule 5A to statutory appeals

Ratio Decidendi

Supreme Court has inherent power to summarily dismiss an appeal under Section 116A, Representation of the People Act, 1951, at the admission stage, even though such appeal is a statutory first appeal as of right; this power is exercised only exceptionally, such as where the appeal raises no arguable question of fact or law warranting issuance of notice to respondent.

Court Disposition

Appeal placed for preliminary hearing (admission); appellant's submissions rejected regarding notice to respondents.

Orders

  • Let the appeal be placed for preliminary hearing (i.e. hearing on admission) before the Court