SMT. SHASHI KALA PATEL Vs. SUB

JUDGEMENT

(1.) Heard Sri Gopal Misra, learned Counsel for the petitioner and Sri S.F.A. Naqvi, learned Counsel for the respondent No. 2.

(2.) By this petition the petitioner has prayed for quashing the order dated 5.8.2006, passed by the Prescribed Authority, rejecting the application of writ petitioner dated 14.2.2006, for dismissing the election petition filed by the respondent No. 2.

(3.) The petitioner was elected Pradhan of the Gram Panchayat and an election petition under Sec. 12(c) of U.P. Panchayat Raj Act, 1947 was filed by the respondent No. 2. An application was filed by the petitioner dated 14.2.2006, praying that the election petitioner has not deposited Rs. 50.00 as security in accordance with the provisions of U.P. Panchayat Raj (Settlement of Election Dispute) Rules, 1996 hence, the election petition be dismissed as not maintainable. The Prescribed Authority heard both the parties. The Prescribed Authority referred to paragraph 16 of the election petition, which specifically pleaded that security of Rs. 50.00 in the Khata of Gram Panchayat Dhana Khas was deposited in the Regional Rural Bank, Fatehpur on 26.9.2005 in Khata No. 83, receipt of which has been attached alongwith election petition. The Prescribed Authority held that since the amount of Rs. 50.00 has been deposited in Khata No. 83 of Fatehpur Kshetriya Gramin Bank, the election petition is not liable to be dismissed.