BANGARU SANKARAIAH Vs. TALARI POTHALAIAH AND ORS.

JUDGEMENT

(1.) THIS revision is filed questioning the order dated 13.2.2014 in O.P.C.F. No. 2484 of 2014 on the file of the Election Tribunal cum Junior Civil Judge, Dharmavaram (for short Election Tribunal) dismissing the petition on the ground of not depositing security amount of Rs. 100/ -.

(2.) ELECTION to the post of Sarpanch and other ward members of Narasampalli Gram Panchayat was held on 27.7.2013. The election was closely contested and first respondent herein was elected with a margin of 14 votes. Challenging the same, petitioner filed election petition C.F. No. 2484 of 2013 before the Election Tribunal on 24.8.2013. Since the staff of the Court was on strike from 19.8.2013 to 20.10.2013, the petition was submitted before the Presiding Officer and the same petition was returned on 28.10.2013 with certain objections. One of the objections taken was on the maintainability of the petition, since security amount of Rs. 100/ - was not deposited along with petition.

(3.) LEARNED counsel for petitioner submits that petitioner was restrained from submitting the lodgment schedule on the day when the election petition was presented in view of the fact that entire staff of the Court was on strike and for the lapses on the part of the Court staff, petitioner cannot be blamed. He further contended that Election Petition was presented within the time granted by the relevant provision and therefore mainly on the ground that lodgment schedule was not filed, petition ought not to have been dismissed. He further submitted that it is an exceptional circumstance warranting exceptional treatment and petition filed by the petitioner could not have been dismissed and Election Tribunal ought to have exercised its discretion in entertaining the Election Petition and considering the same on merits.