KAILASH NARAYAN Vs. NAMDAR

JUDGEMENT

(1.) AN election -petition preferred by the petitioner challenging the election conducted under the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as the Adhiniyam) stand dismissed. The basis for dismissal is that full security amount was not deposited, at the time of presentation of the petition. The petitioner submits that initially a sum of Rs. 50/ - was deposited. He further submits that later on this deficiency was made good and a further sum of Rs. 200/ - was deposited. He submits that as the deficiency was made good during the period of limitation, therefore, the petition could not be dismissed. The relevant rules which deal with deposit of security and presentation of election petition be noticed. These are rules 3, 7 and 8 of the Madhya Pradesh Panchayats (Election Petition Corrupt Practices and Disqualification for Membership) Rules, 1991. These read as under : -

(2.) A perusal of rule 8 indicates that the election petition is to be presented complete in all respects. Thus requirement of deposit of security is mandatory. There is no dispute with regard to this. .

(3.) THE argument in the present petition is that deficient security amount was deposited within the period of limitation and therefore the Election Petition should be deemed to have been properly presented.