Swami Sadashiva Brahmendra Sar (Nil) 17 July 2009
Dear friends, against an order passed by the High Court in election petitions under s. 98 and 99 of the Representation of the People Act an appeal before the Supreme Court is provided under s 116-A of same Act. But, when an aggrieved person instead of filing appeal, files a SLP under Art 136 of the Constitution, can the SLP be dismissed on the ground that a regular appeal is provided under the Act?
Kiran Kumar (Lawyer) 17 July 2009
well in my opinion it should be dismissed.
Reason being the powers of SC under Art. 136 are discretionary in nature, though qutie vide, but have to be exercised sparingly or exceptionally.
when the statutory remedy is arleady available then how can a person bypass the statutory remedy?
e.g. provision for rent revision is there in the rent act.....so while filing revision before the high court we have to do it as per rent act only and not under Art. 227 of the Constitution of India.
similar is the position here.
in first appeal the SC will be in a position of appreciate the entire evidence but not in the SLP.
N.K.Assumi (Advocate) 20 July 2009
Dear Dr. Tripathi, I will get back yto you after sometime. Very interesting issue indeed. have a nice day.
Gagan Gupta (Advocate) 27 April 2010
SLP being discreationary remedy could be allowed as well if limitation to file appeal expired.
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