Law: Representation of the People Act, 1976

Section: 67,67(1)(a),(b),(c)(d)

Law: Supreme Court Rules, 1980

Section: O.V,R.3

(a) Representation of the People Act (LXXXV of 1976)--- ----S. 67-..--Scope,, application and analysis of S. 67, Representation of the People Act, 1976. (b) Representation of the People Act (LXXXV of 1976)--- ----S. 67---Supreme Court Rules, 1980, O.V, R.3---Appeal to Supreme Court--­Objection to maintainability of appeal by Assistant Registrar, Supreme Court--­Appeal against such objection under O.V, R.3, Supreme Court Rules, 1980 before Supreme Court ---Interpretation of S.67, Representation of the People Act, 1976---Word 'decision' in S.67, Representation of the People Act, 1976--­Connotation---No appeal under S.67 is competent against an interlocutory order of the Election Tribunal---Principles. The word 'decision' used in subsections (2) and (3) of section 67 of the Representation of the People Act, 1976 relates to the decision of the nature mentioned in subsection (1) thereof. The word 'order' used in subsection (1) of section 67 is to be construed with reference to the context in which it has been used, namely, an order dismissing the petition, declaring the election of the returned candidate to be void and the petitioner or any other contesting candidate to have been duly elected, declaring the election as a whole to be void i.e. As mentioned in sub-clauses (a), (b), (c) and (d) of subsection (1) of section 67 of the Act. This conclusion is reinforced if one looks at the heading of section which reads as 'decision of the Tribunal'. This interpretation is also in consonance with subsection (I-A) which provides that the trial of the Election Petition shall proceed day to day and the decision thereof shall be taken by the Tribunal within four months from the date of its receipt from the Commissioner Its proviso lays down that where the delay in the proceedings is occasioned by any order omission of a returned candidate or any other persons acting on his behalf, the Tribunal may refer to the Commissioner that such candidate may be declared to have been ceased to perform the functions of his office either till the conclusion of the proceedings or for such period as the Commissioner may direct direct. If it is held that an appeal under subsection (3) of…

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