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Section 116B Stay of operation of order of High Court - Representation of the People Act, 1951

What is Stay of operation of order of High Court? Section 116B of Representation of the People Act, 1951

Section 116B : Stay of operation of order of High Court

(1) An application may be made to 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 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 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 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.

   

 

 
 


The Representation of the People Act 1951

Section 111 Report of withdrawal by the High Court to the Election Commission

Section 112 Abatement of election petitions

Section 116 Abatement or substitution on death of respondent

Section 116A Appeals to Supreme Court

Section 116B Stay of operation of order of High Court

Section 116C Procedure in appeal

CHAPTER V Cost and Security for Costs

Section 117 Security for costs

Section 118 Security for costs from a respondent

Section 119 Costs

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