Supreme Court of India · 1975-06-24
INDIRA NEHRU GANDHI (SMT.) vs RAJ NARAIN & ANR.
- Citation / case number
- SC 1975/60643
- Court
- Supreme Court of India
- Petitioner
- INDIRA NEHRU GANDHI (SMT.)
- Respondent
- RAJ NARAIN & ANR.
- Author
- V.R. KRISHNAIYER
- Bench
- V.R. KRISHNAIYER
Judgment text excerpt
The Supreme Court addressed the discretionary power of judges to grant stay orders under Section 80 and Section 100 of the Representation of the People Act, 1951, emphasizing that while the right to appeal is statutory, the power to stay is discretionary and must be exercised judiciously. The Court held that judicial discretion is governed by sound guidelines and should not be influenced by non-legal arguments, such as political sentiment. The Court granted an absolute stay on the High Court's order, finding that the preliminary objection of 'unclean hands' was unfounded and did not preclude the appellant from seeking equitable relief.