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TMI Blog1959 (4) TMI 41X X X X Extracts X X X X X X X X Extracts X X X X ..... r to as "Nene") applied to set aside the election on the ground that Rajaram Balkrishna Raut had been guilty of corrupt practices which had vitiated the election. That application was dismissed by the Tribunal constituted under the Representation of the People Act, 1951. Against the order passed by that Tribunal, an appeal was preferred to this Couer under Section 116A of the Act. That appeal teas placed for hearing before Mr. Justice S. T. Desai and Mr. Justice Miabhoy on 17-6-1958. It appears Irons the judgment recorded that alter arguments were heard by the Court on the merits of the dispute, a suggestion was thrown out by the Court that the petition for setting aside the election he abandoned in the larger interest of the publ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hdrawal of the appeal was without jurisdiction, when it was not followed by the publication of a notice of withdrawal of the appeal, and, therefore, the applicant he permitted to be substituted for the original appellant and to prosecute the appeal. When rule was issued the Court requested the Advocate General to appear and assist the Court as amicus curiae. This application is now placed before us for hearing and the learned Advocate General has appeared before us. 3. Section 110 of the Represent at ion of the People Act. 1951, provides by the first Sub-section that if there are more petitioners than one, no application to withdraw an election petition shall be made except with the consent of all the Petitioners. By Sub-section (2), it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e been a petitioner, is permitted to come on the record and to prosecute the petition of a person dying before its disposal. By Section 116, an election proceeding may be continued even after the death of the original respondent against a substituted respondent. There can be no doubt therefore, that once a proceeding under the Representation of the People Act has readied the Election Commission or the Tribunal, those authorities must hear and dispose it of on its merits, 4. This Court was requested by the appellant, Nene, to he permitted to abandon the appeal. It may appear, in view of Sub-section (2) of Section 116A, that the provisions relating to the withdrawal of a petition or abatement, may also apply to an appeal filed against the or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tance. If an appeal is permitted to be withdrawn and a notice of the intended withdrawal is published in the Official Gazette, and if, thereafter, no party comes before the Court, on the arguments advanced by the learned Advocate General, the appeal may still not be regarded as disposed of by a decision, and may permanently remain on the file of the Court. Similarly, if the appellant dies and no one conies forward to prosecute the appeal, if the argument is accepted, the appeal will remain undisposed there being no decision of the Court. In our view, the expression "decision of the High Court" means the final order of the High Court disposing of the appeal on merits or otherwise. If that be the true effect of Section 116B, in our ..... X X X X Extracts X X X X X X X X Extracts X X X X
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