Section 116C - Procedure in Appeal to the Supreme Court under the Representation of the People Act, 1951
Section 116C prescribes how the Supreme Court hears and decides election appeals under the Representation of the People Act, 1951. It also provides for communicating the judgment to constitutional and election authorities and for official publication.
Statutory provision: Section 116C
Sub-section (1) - Procedure governing an appeal
Subject to the provisions of this Act and of the rules, if any, made thereunder, every appeal shall be heard and determined by the Supreme Court as nearly as may be in accordance with the procedure applicable to the hearing and determination of an appeal from any final order passed by a High Court in the exercise of its original civil jurisdiction; and all the provisions of the Code of Civil Procedure, 1908 (5 of 1908), and the Rules of the Court (including provisions as to the furnishing of security and the execution of any order of the Court) shall, so far as may be, apply in relation to such appeal.
Sub-section (2) - Communication and publication of the decision
As soon as an appeal is decided, the Supreme Court shall intimate the substance of the decision 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 and as soon as may be thereafter shall send to the Election Commission an authenticated copy of the decision; and upon its receipt, the Election Commission shall -
(a) forward copies thereof to the authorities to which copies of the order of the High Court were forwarded under section 106; and
(b) cause the decision to be published in the Gazette or Gazettes in which that order was published under the said section.
Editorial correction: Some reproductions refer to "section 160" in clause (a) and at the end of clause (b). The relevant provision governing communication and publication of High Court orders is Section 106; consult the current authoritative statutory text when citing the provision.
Which election appeals does Section 116C govern?
Section 116A permits appeals to the Supreme Court, on questions of fact or law, against High Court orders under Sections 98 and 99. Section 116C governs the procedure for hearing and deciding those appeals. Section 116A ordinarily prescribes a 30-day filing period, subject to the Supreme Court's power to condone delay on sufficient cause.
Application of the Code of Civil Procedure and Supreme Court Rules
Section 116C(1) adopts, as nearly as practicable, the procedure for appeals against final orders of High Courts exercising original civil jurisdiction. The Code of Civil Procedure, 1908, and the applicable Supreme Court Rules operate only so far as consistent with the Representation of the People Act and rules made under it. This includes relevant provisions concerning security and execution of orders.
Steps after the Supreme Court decides an election appeal
- The Supreme Court promptly intimates the substance of its decision to the Election Commission of India and the relevant Speaker or Chairman.
- An authenticated copy of the decision is sent to the Election Commission as soon as practicable.
- The Election Commission forwards copies to the authorities identified under Section 106 and causes publication in the Gazette or Gazettes in which the High Court order was published.
Related provisions and stay of the High Court order
Section 116B governs stay of operation of a High Court order, including the Supreme Court's power to grant a stay once an appeal has been filed. Sections 98 and 99 address the High Court's decision and other orders in an election petition; Section 106 addresses their communication.
Official sources
Read the Representation of the People Act, 1951 (India Code), the Supreme Court of India rules and the Election Commission's election-law resources for authoritative text and applicable procedural rules.