OM PRABHA JAIN versus GIAN CHAND & ANOTHER

OM PRABHA JAIN versus GIAN CHAND & ANOTHER

An order dismissing an election petition under section 90(3) of the Representation of the People Act, 1951, bringing proceedings to a close, is made at the conclusion of the trial and is an order under section 98, thus appealable under section 116A. The deposit receipt showing payment on behalf of 'Secretary to the Election Commission' complies with section 117, as 'on whose behalf' in this context means 'in whose favour'.

Parties
Appellant: Om Prabha Jain; Respondent 1: Gian Chand; Respondent 2: Naunit Lal
Jurisdiction
India
Judgment Date
01 April 1959
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Punjab High Court
Outcome
Appeal dismissed with costs.
Legal Topics
Appealability of Election Tribunal Orders, Deposit for Security for Costs, Interpretation of 'trial' Under Representation of the People Act
Election Law Appealability of Election Tribunal Orders Deposit for Security for Costs Interpretation of 'trial' Under Representation of the People Act

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Parties

Om Prabha Jain

Appellant

Gian Chand

Respondent 1

Naunit Lal

Respondent 2

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Punjab High Court

Legal Issues

  1. 1 Whether an order dismissing an election petition under section 90(3) of the Representation of the People Act, 1951, is appealable under section 116A
  2. 2 Whether the requirement of deposit of security under section 117 was complied with by the form of the treasury receipt

Ratio Decidendi

An order dismissing an election petition under section 90(3) of the Representation of the People Act, 1951, bringing proceedings to a close, is made at the conclusion of the trial and is an order under section 98, thus appealable under section 116A. The deposit receipt showing payment on behalf of 'Secretary to the Election Commission' complies with section 117, as 'on whose behalf' in this context means 'in whose favour'.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed.
  • Costs to respondent.