Case Note & Summary
The case involved an election petition filed against the appellant, who had been declared elected to the Orissa Legislative Assembly. The election petition was dismissed by the tribunal for noncompliance with Section 82 of the Representation of the People Act, 1951. The petitioner, Satrughna Sahu, appealed to the High Court under Section 116-A of the Act. Before the High Court delivered its judgment, Sahu sought to withdraw the appeal, but the High Court denied this request, citing Sections 109 and 110 of the Act as applicable. The appellant contended that he had an absolute right to withdraw the appeal, similar to provisions in the Code of Civil Procedure, 1908. The Supreme Court analyzed the provisions of the Representation of the People Act and concluded that the High Court had erred in applying Sections 109 and 110, which pertain to election petitions, to the withdrawal of appeals. The Court emphasized that the High Court's powers regarding appeals under Section 116-A are akin to those in civil appeals, allowing for unconditional withdrawal. Consequently, the Supreme Court allowed the appeal, set aside the High Court's order, and directed that the appeal be withdrawn without costs.
Headnote
A) Election Law - Withdrawal of Appeal - Absolute Right to Withdraw - Representation of the People Act, 1951, Section 116-A - The court held that an appellant has an absolute right to withdraw an appeal under Section 116-A, and the High Court must grant such withdrawal without imposing conditions from Sections 109 and 110 of the Act, which pertain only to election petitions. The High Court's refusal to allow the withdrawal was deemed erroneous. (Paras 1-2).
Issue of Consideration
Whether an appellant has an absolute right to withdraw an appeal under Section 116-A of the Representation of the People Act, 1951.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and directed that the appeal be withdrawn without costs.
Law Points
- Withdrawal of appeal
- Election petition
- Representation of the People Act
- 1951
- Code of Civil Procedure
- 1908
