DEEPAK SHARMA ALIAS BUNTY Vs. DINESH DEWANGAN

JUDGEMENT

(1.) BY this order, preliminary objection taken by non-applicant No. 1 is being disposed of.

(2.) THE instant revision is directed against the order dated 01-09-2007 passed by District Judge, Durg in M.J.C. (Election Petition) No. 15/2005 whereby and whereunder, the election petition has been dismissed as time barred.

(3.) LEARNED Counsel for non-applicant No. 1 preferred a preliminary objection that under Rule 19(2) of the Chhattisgarh Municipal Corporation Act (Election Petition) Rules, 1963 (for short "Rules of 1963"), the applicant is required to deposit with the High Court a sum of Rs. 250/- as security for the cost of revision along with the revision and the Rule being mandatory in nature, its non-compliance is fatal to the revision and as the said amount has not been deposited along with the revision, therefore, the revision is liable to be dismissed on this count.