BOLIN CHETIA Vs. JOGADISH BHUYAN

JUDGEMENT

(1.) In an appeal under Section 116A of the Representation of the People Act, 1951 merely on its being filed, should the respondent be necessarily and in routine put on notice, forgoing the application of judicial mind to the merits of appeal, at that stage Does this Court not have power to summarily throw out an appeal howsoever worthless it may be These are the questions which have arisen for decision; thanks to the submission made with vehemence by the learned counsel for appellant.

(2.) The appellant was a candidate at the legislative assembly elections in the State of Assam. He lost in the election, as also in the High Court where an election petition filed by him putting in issue the election of the returned candidate has been directed to be dismissed on trial. He has filed the present appeal under Section 116A of the Representation of the People Act, 1951 (hereinafter the Act, for short).

(3.) When the appeal was placed before the Court, we felt inclined to hear the learned counsel for the appellant on the question of admission, that is, whether the appeal deserved to be admitted for bi-parte hearing. The learned counsel for the appellant resisted the move of the Court and submitted that this appeal is a statutory first appeal and, therefore, it should be admitted for hearing bi-parte as of right and a notice to respondents must issue as a matter of course. In fact, the learned counsel for the appellant went on to the extent of submitting 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 documents, etc. In other words, the learned counsel for the appellant submitted that the only directions which the Court can make at this stage are those which may be necessary for preparing the records to enable a final hearing and no orders are needed for admitting the appeal.