DIPAK CHANDRA RUHIDAS versus CHANDAN KUMAR SARKAR

DIPAK CHANDRA RUHIDAS versus CHANDAN KUMAR SARKAR

By reason of the Explanation to Section 86(1), an order dismissing an Election Petition for want of material particulars is deemed an order under Section 98(a) and is final. The proper remedy is an appeal under Section 116A, not a special leave petition under Article 136. Without an application to condone delay, the petition cannot be treated as an appeal under Section 116A, and the SLP is not maintainable.

Parties
Appellant: Dipak Chandra Ruhidas; Respondent: Chandan Kumar Sarkar
Jurisdiction
India
Judgment Date
31 July 2003
Procedural Posture
Civil Appeal / Appeal Against High Court Order Under Article 136; SLP Converted to Appeal, Leave Revoked, Petition Dismissed
Outcome
Special Leave Petition dismissed as not maintainable, leave under Article 136 revoked.
Legal Topics
Maintainability of SLP, Dismissal of Election Petition for Want of Particulars, Limitation Under Representation of the People Act, Legal Fiction in Statutory Interpretation
Election Law Interpretation of Statutes Civil Procedure Maintainability of SLP Dismissal of Election Petition for Want of Particulars Limitation Under Representation of the People Act Legal Fiction in Statutory Interpretation

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Parties

Dipak Chandra Ruhidas

Appellant

Chandan Kumar Sarkar

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Order Under Article 136; SLP Converted to Appeal, Leave Revoked, Petition Dismissed

Legal Issues

  1. 1 Whether an order of dismissal under Section 86(1) of the Representation of the People Act is appealable under Section 116A
  2. 2 Whether a Special Leave Petition under Article 136 is maintainable against an order dismissing an Election Petition under Section 86(1)
  3. 3 Whether the word 'trial' in Section 86 includes summary dismissal for lack of particulars

Ratio Decidendi

By reason of the Explanation to Section 86(1), an order dismissing an Election Petition for want of material particulars is deemed an order under Section 98(a) and is final. The proper remedy is an appeal under Section 116A, not a special leave petition under Article 136. Without an application to condone delay, the petition cannot be treated as an appeal under Section 116A, and the SLP is not maintainable.

Court Disposition

Special Leave Petition dismissed as not maintainable, leave under Article 136 revoked.

Orders

  • No order as to costs.
  • Petition dismissed.