BIJAYANANDA PATNAIK vs SATRUGHNA SAHU AND OTHERS

The Supreme Court held that under Section 116-A of the Representation of the People Act, 1951, an appellant has an absolute right to withdraw an appeal, and the High Court must grant permission for such withdrawal. The Court clarified that the provisions of Sections 109 and 110, which pertain to the withdrawal of election petitions, do not apply to appeals under Section 116-A. The judgment emphasized that the procedure for withdrawal of appeals in civil matters, as outlined in Order XXIII, Rule 1(1) of the Code of Civil Procedure, 1908, is applicable to appeals under Section 116-A, thus allowing for unconditional withdrawal of the appeal by the appellant.