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Report No. 255

(xii) Section 116A

  • In sub-section (1), delete the words "(whether of law or fact)" appearing before "from every order" and insert the words "of law" instead; and after the words "from every order made by", delete "a" and insert the words "the election bench of the" instead.
  • In sub-section (2), before the words "the High Court under", add the words "the election bench of".
  • Delete the entire proviso to sub-section (2), which starts with the words "Provided that the Supreme Court may". Instead add the following proviso after sub-section (2): "Provided that if the Court is satisfied that the petitioner was prevented by sufficient cause from filing an appeal before the Supreme Court within the said period of thirty days it may entertain the petition within a further period of thirty days, but not thereafter."
  • Add a new sub-section (3) with the following words "Every appeal under this Chapter shall be tried as expeditiously as possible and every endeavour shall be made to conclude the appeal within three months from the date on which the appeal is presented to the Supreme Court for hearing."

(xiii) Section 116B

  • In sub-section (1), after the words "application may be made to, add the following words, "the election bench of"; and after the words "time allowed for appealing therefrom and", add the words "the election bench of"; and after the words "application for stay shall be made to", add "the election bench of".
  • In sub-section (3), after the words, "operation of an order is stayed by", add the words "the election bench of".

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