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Report No. 255

Chapter IV: Withdrawal and Abatement of Election Petitions

109. Withdrawal of election petitions.- (1) An election petition may be withdrawn only by leave of the election bench of the High Court.

(2) Where an application for withdrawal is made under sub-section (1), notice thereof fixing a date for the hearing of the application shall be given to all other parties to the petition and shall be published in the Official Gazette.

112. Abatement of election petitions.- (1) An election petition shall abate only on the death of a sole petitioner or of the survivor of several petitioners.

(2) Where an election petition abates under sub-section (1), the election bench of the High Court shall cause the fact to be published in such manner as it may deem fit.

(3) Any person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner and upon compliance with the conditions, if any, as to security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the election bench of the High Court may deem fit.

Chapter IVA: Appeals

116A. Appeals to Supreme Court.- (1) Notwithstanding anything contained in any other law for the time being in force, an appeal shall lie to the Supreme Court on any question (whether of law or fact) of law from every order made by a the election bench of the High Court under section 98 or section 99.

(2) Every appeal under this Chapter shall be preferred within a period of thirty days from the date of the order of the election bench of the High Court under section 98 or section 99:

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.

(3) 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.Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such period.

116B. Stay of operation of order of High Court.- (1) An application may be made to the election bench of the High Court for stay of operation of an order made by the High Court under section 98 or section 99 before the expiration of the time allowed for appealing therefrom and the election bench of the High Court may, on sufficient cause being shown and on such terms and conditions as it may think fit, stay the operation of the order; but no application for stay shall be made to the election bench of the High Court after an appeal has been preferred to the Supreme Court.

(2) Where an appeal has been preferred against an order made under section 98 or section 99, the Supreme Court may, on sufficient cause being shown and on such terms and conditions as it may think fit, stay the operation of the order appealed from.

(3) When the operation of an order is stayed by the election bench of the High Court or, as the case may be, the Supreme Court, the order shall be deemed never to have taken effect under sub-section (1) of section 107; and a copy of the stay order shall immediately be sent by the High Court or, as the case may be, the Supreme Court, to the Election Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or of the State Legislature concerned.



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