RAM RATAN GUPTA Vs. N. DANDEKAR AND ORS.

JUDGEMENT

(1.) The applicant was elected to Lok Sabha from 34 Gonda Parliamentary Constituency in the last general election. First respondent filed an election petition challenging his election. Election Tribunal has now set aside his election and has also declared the first respondent as duly elected. The order is evidently made under Sec. 98(c) of the Representation of People Act, 1951.

(2.) The order of the Election Tribunal is challenged by him in appeal. He has also applied for stay of operation of the Tribunal's order. Can we do so? is the question.

(3.) In misc. Application 3824 of 1964 in First Appeal No. 213 of 1964 a Division Bench (of which Takru, J. was a member) has already answered the question in the negative. The Bench has held that the Court has got no power to stay operation of an order under Sec. 98(c). And after hearing learned Advocate General for the applicant we are not satisfied that we can give a different reply. Indeed we fully agree with the decision of the Division Bench.