Election petition dismissal is appealable under Section 116A, but delay without condonation prevents treatment of SLP as appeal.

An order dismissing an election petition under Section 86(1) of the Representation of the People Act is treated, by the statutory fiction in the Explanation, as an order under Section 98(a), so the appeal under Section 116A lies against it. The term "trial" in election matters is not confined to a full evidentiary hearing, and Section 116A requires liberal, purposive construction because it is an appeal provision. However, the appeal had to be filed within thirty days, and in the absence of any application for condonation of delay, the special leave petition could not be treated as an appeal under Section 116A.

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Issues: Whether an order of the High Court dismissing an election petition under Section 86(1) of the Representation of the People Act is an order made under Section 98 and, therefore, appealable to the Supreme Court under Section 116A; and whether, in the absence of an application for condonation of delay, the special leave petition could be treated as such an appeal.

Analysis: Section 86(1) forms part of the trial of an election petition, and the Explanation to that provision creates a legal fiction that an order dismissing an election petition for non-compliance with Sections 81, 82 or 117 is deemed to be an order under clause (a) of Section 98. That fiction must be given full effect. The expression 'trial' is not confined to a full-fledged evidentiary hearing, and Section 116A, being an appeal provision, calls for liberal and purposive construction. An order of dismissal under Section 86(1) is final in character, and the statutory appeal under Section 116A lies against such an order. However, the appeal had to be filed within thirty days, and in the absence of any application for condonation of delay, the Court could not treat the special leave petition as an appeal under Section 116A.

Conclusion: An order dismissing an election petition under Section 86(1) is appealable under Section 116A, but the special leave petition could not be entertained as an appeal for want of a condonation application, and leave under Article 136 was revoked.

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