AIR 1958 RAJASTHAN 181 ::1958 RajLW 251 ::ILR (1958) 8 Raj 380

Rajasthan High Court

Hon'ble Judge(s): K. N. Wanchoo , C.J. AND I. N. Modi , J

(A) Civil P.C. (5 of 1908) , S.96— Who can appeal-Decision of Election Tribunal- Voter tiling appeal - Maintainability - Elections. Representation of The People Act (43 of 1950) , S.116A— As a rule, it is only a party to the proceeding in the primary Court or tribunal who has the right to prefer an appeal against the order of that tribunal provided of course he is aggrieved by it, and if any other person happens to feel aggrieved by that order, and his interests are affected thereby, he can file an appeal against it only by leave of the Court of appeal but not otherwise. Whether such leave should be granted or not is a matter which lies in the discretion of the Court of Appeal. No hard and fast rule can be laid down to crystallise the exercise of such discretion, and the decision in each case is bound to depend upon its own facts and circumstances.(Para 9) It is of fundamental importance to the body politic of our country that the elections to the State Legislatures or to the Central Parliament, should be held in a fair and above-board manner, and that corrpution, and things like that, must be stamped out as far as possible, and collusion should not be suffered as a cloak to screen any evil practices.(Para 10) The grant of leave to file an appeal to voters who had not made an electi....