Admission-stage scrutiny of election appeals permits summary dismissal without notice where no arguable question is made out.

An appeal under Section 116A of the Representation of the People Act, 1951 is subject to the Supreme Court's appellate control at the admission stage, and the absence of an express rule for automatic notice does not bar threshold scrutiny. The Court explained that the power to summarily dismiss an appeal forms part of appellate jurisdiction, but it should be used sparingly and only where no arguable question of fact or law is made out. Such dismissal may therefore occur without issuing notice to the respondent if the appeal is found to be devoid of merit, and a speaking order is ordinarily expected in that situation.

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Issues: Whether an appeal under Section 116A of the Representation of the People Act, 1951, filed as of right, must necessarily be placed before the respondent for notice and full hearing at the threshold, or whether the Supreme Court retains power to summarily dismiss it at the admission stage.

Analysis: The statutory scheme provides that an appeal shall lie to the Supreme Court and shall be heard and determined in accordance with the procedure applicable to first appeals from final orders of the High Court. The absence of an express procedural rule requiring automatic notice does not exclude the Court's appellate power to examine the appeal at the admission stage. The power to summarily dismiss an appeal is part of appellate jurisdiction, though it must be exercised sparingly and by way of exception where no arguable question of fact or law is made out. The Court also noted that statutory appeals and first appeals may be rejected at the threshold after judicial scrutiny, and that a speaking order is ordinarily expected when such dismissal occurs.

Conclusion: The Court held that an appeal under Section 116A can be examined at the admission stage and may be summarily dismissed without issuing notice to the respondent if it is found to be devoid of merit.

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