Appeals to Supreme Court
Section 116A of the Representation of the People Act, 1951 deals with appeals to Supreme Court. 1 , [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) from every order made by a High Court under section 98 or section 99. The Act came into force on 17 Jul 1951.
1 , 2[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) from every order made by a 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 High Court under section 98 or section 99:
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.
Section 116A, The Representation of the People Act, 1951 (Act 43 of 1951).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Uttamrao Shivdas Jankar vs Ranjitsinh Vijaysinh Mohite-patil
Court's Decision & Legal Precedent
Improper rejection of a nomination paper under Section 100(1)(c) of the Representation of the People Act, 1951 encompasses not merely errors in the decision-making process of the Returning Officer but also the correctness and merit of the decision itself. The Returning Officer, while exercising quasi-judicial power under Section 36(2) of the Act, must apply the statutory presumption of validity of nomination papers contained in the Election Commission Handbook, placing the burden on the objector to prove invalidity. The Returning Officer cannot shift this burden to the candidate. In an election petition, the High Court acts as a court of original jurisdiction conducting a civil trial, not as an appellate court merely reviewing the decision-making process. The High Court must frame issues, call for evidence from both parties, examine the veracity of rival claims, and decide the matter on merits. A statutory right of a party cannot be denied based on a wrong concession made by counsel.
On this section: Appeal to Supreme Court from High Court judgment in election petition
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Youaraj Rai vs Chander Bahadur Karki
Court's Decision & Legal Precedent
In an election to a Legislative Assembly (single-member constituencies), the limitation period of 45 days prescribed under Section 81 of the Representation of the People Act, 1951 for filing an election petition commences from the date on which the returned candidate is declared elected by the Returning Officer under Section 53 (for uncontested elections) or Section 66 (for contested elections), not from the date of publication of overall election results under Section 73. The term 'election' in Section 81 refers to the election in a particular constituency, not the entirety of elections held in the State. The second part of Section 81 (relating to multiple returned candidates with different election dates) applies only to Legislative Council and Council of States elections, not to Legislative Assembly elections.
On this section: Provides for appeals to Supreme Court from High Court decisions in election matters
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Shyamdeo Pd. Singh vs Nawal Kishore Yadav
Court's Decision & Legal Precedent
Inclusion of persons in the electoral roll who are not qualified to be enrolled under Section 27 of the Representation of the People Act, 1950 cannot constitute a ground for setting aside an election of a returned candidate under Section 100 of the Representation of the People Act, 1951, unless such persons are explicitly disqualified under Section 16 of the 1950 Act. A person validly enrolled in the electoral roll by authorized authorities is entitled to cast a vote and cannot be excluded from exercising voting rights on the ground that they did not satisfy eligibility requirements, as the electoral roll becomes final and conclusive as to qualification matters from the last date for nominations until completion of the election. The distinction between statutory disqualification (which bars voting even if enrolled) and lack of qualification (which may have required denial of enrollment but does not bar voting once enrolled) is fundamental to election law. Non-compliance with electoral roll preparation procedures, while subject to criticism and administrative correction, does not provide grounds for election petition challenge post-nomination deadline.
On this section: Provides for appeal from Designated Election Judge order to Supreme Court; used for this appeal
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 116A
What have the courts held on Section 116A of the Representation of the People Act?
Uttamrao Shivdas Jankar vs Ranjitsinh Vijaysinh Mohite-patil (15 May 2009) is the leading judgment on this section among those set out below: Appeal to Supreme Court from High Court judgment in election petition. Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2000 to 2009.
How do I find court cases under Section 116A of the Representation of the People Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: RP Act 1951 116A, section 116A RP Act 1951, section 116A of the Representation of the People Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Uttamrao Shivdas Jankar vs Ranjitsinh Vijaysinh Mohite-patil (15 May 2009).
What should I read with Section 116A of the Representation of the People Act, and has it changed?
Its own text turns on section 98 (Decision of the High Court), section 99 (Other orders to be made by the High Court), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 116A of the Representation of the People Act come into force?
Section 116A of the Representation of the People Act, cited as RP Act 1951 116A, came into force on 17 Jul 1951, having been enacted on 17 Jul 1951. It is in force as at the date shown on this page.
Other sections of this Act
- 123. Corrupt practices1710 words
- 33. Presentation of nomination paper and requirement for a valid nomination1149 words
- 8. Disqualification on conviction for certain offences898 words
- 75A. Declaration of assets and liabilities659 words
- 39. Nomination of candidates at other elections632 words
- 36. Scrutiny of nominations596 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.