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Section 116 B – The Representation of the People Act,1951

The Representation of the People Act,1951

Section 116 B. Stay of operation of order of High Court

(1) An application may be made to the High Court for stay of operation of an order made by the High Court under section 98 or sections 99 before the expiration of the time allowed for appealing there form and the High Court may, on sufficient cause being shown and on such terms and conditions a it may think fit, stay the operation of the order; but no application for stay shall be made to the High Court after an appeal has been preferred to the Supreme Court.

(2) Where an appeal has been preferred against all order made under section 98 or section 90, the Supreme Court may, on sufficient cause being shown and on such terms and conditions as it may think fit, stay the operation of the order appealed from.

(3) When the operation of all order is stayed by the High Court or as the else may be, the Supreme Court, the order shall be deemed never to have taken effect Under Sub-section (1) of section 107; and a copy of the stay order shall immediately be sent by the High Court on as file else may be, the Supreme Court, to the Election Commission and the Speaker or Chairman, as the case may be, of the House of Parliament or of the State Legislature concerned.

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The Representation of the People Act,1951

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