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.