SHIVBALAK RAM YADAV Vs. RAJESH KUMAR TIWARI

JUDGEMENT

(1.) In this writ appeal challenge is levied to the order dated 1-8-2017 passed by learned Single Judge of this Court in WPC No. 390/2017 vide Annexure A-1 whereby and whereunder he set aside the order dated 1-2-2017 passed by the respondent No. 46 vide Annexure P-1 whereby respondent No. 46 rejected the application filed by respondent No. 1 under Order 7 Rule XI of the Code of Civil Procedure, 1908 (in brevity 'CPC').

(2.) This is admitted by the appellant that he and the respondents No. 1 to 13 had contested the election for the post of Member of Janpad panchayat Odgi, Distt. Surajpur (Region No. 9), the respondent No. 1 was declared elected as Janpad Panchayat member of Odgi, he preferred an election petition dated 23-2-2015 under Section 122 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (in brevity 'Act of 1993') vide Annexure P-2 before the respondent No. 46 along with a copy of challan of Rs. 50/- as security deposit for filing election petition, vide Annexure P-3, the respondent No. 1 filed an application under Order 7 Rule 11 of the CPC for dismissal of election petition for non-compliance of Rule 7 of the Chhattisgarh Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership), Rules, 1995 (in brevity 'Rules of 1995') as the appellant had not deposited the amount of security deposit of Rs. 500/- which was mandatory, the respondent No. 46 rejected the aforesaid application filed by the respondent No. 1, the respondent No. 1 preferred aforesaid writ petition which was decided as aforesaid.

(3.) Being aggrieved by the order Annexure A-1 passed by learned Single Judge, the appellant has preferred this writ appeal.