Case: Bolin Chetia Vs. Jogadish Bhuyan

2. The appellant was a candidate at the legislative assembly elections in the State of Assam. He lost in the election, as also in the High Court where an election petition filed by him putting in issue the election of the returned candidate has been directed to be dismissed on trial. He has filed the present appeal under Section 116A of the Representation of the People Act, 1951 (hereinafter the Act, for short).

Reasoning: 18. It is thus clear that the appellate courts including the High Court do have power to dismiss an appeal summarily. Such power is inherent in appellate jurisdiction. The power to dismiss summarily is available to be exercised in regard to first appeals subject to the caution that such power will be exercised by way of exception and if only the first appellate court is convinced that the appeal is so worthless, raising no arguable question of fact or of law, as it would be a sheer wastage of time and money for the respondent being called upon to appear, and would also be an exercise in futility for the Court. The first appellate court exercising power to dismiss the appeals summarily ought to pass a speaking order making it precise that it did go into the pleas - of fact and/or law - sought to be urged before it and upon deliberating on them found them to be devoid of any merit or substance and giving brief reasons. This is necessary to satisfy any superior jurisdiction to whom the aggrieved appellant may approach that the power to summarily dismiss the appeal was exercised judicially and consciously by way of an exception.We are, therefore, clearly of the opinion that though an appeal under Section 116A of the Act is preferred as of right, yet the inherent power of this Court to summarily dismiss the appeal at the admission stage is not taken away. We hasten to add that such power would be exercised only by way of exception such as, on the Court feeling convinced that the appeal does not raise any such question of fact or law as would persuade this Court to put the respondent on notice before hearing.