Election appeal withdrawal rights prevail where statutory restrictions for election petitions do not extend to civil appellate proceedings.

Section 116-A election appeals are governed by the ordinary civil appellate rule that an appellant may withdraw the appeal unconditionally, because the withdrawal restrictions in Sections 109 and 110 apply only to election petitions and do not extend by express language or necessary implication to appeals. The High Court therefore cannot import those restrictions into an appeal under Section 116-A. Cross-objections do not defeat the appellant's right to withdraw, as they retain independent hearing under the Code. On that reasoning, the appellant's withdrawal should have been permitted and the appeal should not have been referred back to the tribunal.

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Issues: Whether an appellant in an election appeal under Section 116-A of the Representation of the People Act, 1951 had an absolute right to withdraw the appeal, and whether the High Court could import the withdrawal restrictions contained in Sections 109 and 110 of the Act.

Analysis: The special provisions in Chapter IV of the Act restrict withdrawal of election petitions because such petitions involve not only the candidates but also the electorate and the purity of elections. Those restrictions, however, are confined to election petitions and do not by their language extend to appeals under Section 116-A. Under Section 116-A, the High Court is given the same powers, jurisdiction, authority and procedure as in an ordinary civil appeal, subject only to express provisions of the Act or provisions arising by necessary implication. Since there is no express provision applying Sections 109 and 110 to appeals, and no necessary implication to that effect, the High Court had to proceed on the ordinary civil appellate rule that an appellant may withdraw an appeal unconditionally. The presence of cross-objections does not defeat that right because the Code preserves their independent hearing.

Conclusion: The appellant before the High Court had the right to withdraw the appeal unconditionally, and the High Court ought to have permitted the withdrawal instead of refusing it and referring the matter to the tribunal.

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