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february 1988

Supreme Court of India · 1988-02-17

UPADHYAYA HARGOVIND DEVSHANKER vs DHIRENDRASINH VIRBHADRASINHJI SOLANKI & OTHERS

Citation / case number
SC 1982/63743
Court
Supreme Court of India
Petitioner
UPADHYAYA HARGOVIND DEVSHANKER
Respondent
DHIRENDRASINH VIRBHADRASINHJI SOLANKI & OTHERS
Author
E.S. VENKATARAMIAH
Bench
E.S. VENKATARAMIAH

Judgment text excerpt

The Supreme Court held that the appeal against an interlocutory order of a Single Judge in an election petition is not maintainable under clause 15 of the Letters Patent, as the Act does not permit such an appeal to the Division Bench. The Court clarified that only the judge assigned to try the election petition can deal with related questions, and the Supreme Court has appellate jurisdiction under Section 116-A of the Act for orders under Sections 98 and 99. Consequently, the Division Bench's judgment was set aside, and the Letters Patent Appeal was dismissed without addressing the merits of the case.

UPADHYAYA HARGOVIND DEVSHANKER vs DHIRENDRASINH VIRBHADRASINHJI SOLANKI & OTHERS · Niyam