Section 116B of The Representation of the People Act, 1951
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 section 99 before the expiration of the time allowed for appealing therefrom and the High Court may, on sufficient cause being shown and on such terms and conditions as 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 an order made under section 98 or section 99, 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 an order is stayed by the High Court or, as the case 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 or, as the case 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.
Summary
- This provision allows a High Court or the Supreme Court to pause an order.
- A stay, or pause, means the legal decision does not go into effect yet.
- The High Court can grant a stay before an appeal is officially started.
- The Supreme Court can grant a stay once an appeal has been filed.
- Once a stay is granted, the law treats the original order as if it never happened.
Practical examples
FAQ
1. Can the High Court stay its own election order under Section 116B of the 1951 Act?
Yes, under Section 116B of the Representation of the People Act, 1951, the High Court can stay its order if an application is made before the appeal is filed.
2. What is the effect of a stay under Section 116B of the Representation of the People Act 1951?
Under Section 116B of the Representation of the People Act, 1951, while a stay is active, the order is treated as if it never took effect under the usual rules.
3. Who receives a copy of a stay order issued under Section 116B of the 1951 Act?
Under Section 116B of the Representation of the People Act, 1951, a copy is sent immediately to the Election Commission and the Speaker or Chairman of the relevant House.
Test yourself
1.Under Section 116B of The Representation of the People Act, 1951, when is the High Court prohibited from granting a stay?
2.According to Section 116B of The Representation of the People Act, 1951, what happens to an order while it is stayed?
3.Under Section 116B of The Representation of the People Act, 1951, who has the power to stay an order after an appeal has been filed?
4.Under Section 116B of The Representation of the People Act, 1951, an order stayed is one made by a High Court under which sections?