UMASHANKER MULJIBHAI TRIVEDI Vs. MANAKLAL

JUDGEMENT

(1.) THIS appeal has been tiled by U. M. Trivedi under Section 116a of the representation of the People Act, 1951 (hereinafter referred to as the Act) and is directed against the order of the Election Tribunal, Ratlam, dismissing his election petition in limine on the ground that it was not accompanied by a valid receipt of deposit as required by Section 117 of the Act.

(2.) THE appellant and the four respondents were contesting candidates for election to the House of the People from the Mandsaur Parliamentary Constituency. As a result of the Poll, respondent No. 1 was declared elected. In his election petition, the appellant alleged commission of various corrupt practices by respondent No. 1, or his agents, or by other persons with his consent. He accordingly prayed for a declaration that the election of respondent No. 1 was void and that he himself (appellant) was elected.

(3.) THE election petition was contested by respondent No. 1 and proceeded ex parte against the other respondents. Respondent No. 1 raised a preliminary objection that the petition was liable to be dismissed under Section 90 (3) as the appellant had not enclosed with it a valid receipt of deposit as required by Section 117. This contention was upheld by the Tribunal, and consequently the petition was dismissed.