9911796707
TMI Blog1987 (8) TMI 429X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Tribunal passed in the second appeals, they were not maintainable. The order of the Tribunal is dated 14th May, 1982, a copy whereof is annexed as annexure C to the petition. It is this order which is sought to be quashed in the present writ petition. A further prayer has been made for issuance of a writ of mandamus directing the Tribunal to consider the reference applications on merits and pass suitable orders thereon. 2.. It has been urged by the learned counsel for the petitioner that the Tribunal committed a manifest error of law in dismissing the applications made by the petitioner under section 44(1) of the Act on the aforesaid ground. We find substance in this submission. 3.. In Sangram Singh v. Election Tribunal, Kotah A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prescribed manner " as is the requirement of sub-sections (1) and (2) of section 38 and it appears that in this view of the matter the rules did not prescribe the filing of an authenticated copy of the judgment of the Tribunal as a necessary ingredient for making an application for reference under sub-section (1) of section 44. It is, therefore, a case where neither the Act nor the Rules made thereunder required authenticated copy of the order of the Tribunal to be filed along with an application under sub-section (1) of section 44 of the Act. This fact has not been disputed even by the Tribunal in the impugned order. What has, however, weighed with the Tribunal is that the Rules of the High Court dealing with the filing of an application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r sub-section (1) of section 44 of the Act. Application contemplated by sub-section (1) of section 44 is filed before the Tribunal itself, which decided the second appeal. The Tribunal in such a case is already possessed of the record and this seems to be the reason why, even though filing of an authenticated copy of the impugned order has been made obligatory in rule 57 with regard to appeals that may be filed under sub-sections (1) and (2) of section 38 of the Act, no such requirement of filing an authenticated copy of the order of the Tribunal passed in second appeal along with an application under subsection (1) of section 44 of the Act is to be found either in the Act or in the Rules. It is for these reasons that we are of the opinion ..... X X X X Extracts X X X X X X X X Extracts X X X X
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