MUTI AHMAD JAFRI Vs. VIRENDRA SINGH

JUDGEMENT

(1.) THIS is an appeal from a judgment passed by the Election Tribunal, Ujjain, on 25th November 1957, in Election Petition No. 196 of 1957.

(2.) THE matter arises out of the last elections to the Madhya Pradesh Legislative Assembly. The appellant was a candidate for election from the Khachraud constituency, and the four respondents were also candidates of these, the first respondent Shri Virendra Singh son of Thakur Parbatsingh was elected, and the present appellant filed an election -petition challenging the election. Along with his election -petition the appellant enclosed a Government Treasury receipt, as required by Section 117 of the Representation of the People Act (hereinafter the Act). Before the Election Commission the question had arisen whether the election petition was liable to be dismissed in limine because the receipt showed that the deposit was made not in the name of the Secretary to the Election Commission, as required by Section 117 of the Act, but in the name of the Secretary to the Election Petition. The Election Commission did not dismiss the petition, under Section 85 of the Act and observed as follows: -

(3.) THERE is no doubt that the election law is a special law and all its formalities lave to be complied with. This was laid down by their Lordships of the Supreme Court in Jaganath vs. Jaswant Singh A.I R. 1954 S.C 210. There is also no doubt that before the present amendment in 1956 the power of the Tribunal to dismiss an election -petition for breach of Section 117 was expressed in language which is usually described as discretionary. The word used was 'may', but after the amendment of 1956 the word has been altered to 'shall', and it is this which led to the argument before the Tribunal that the election -petition was liable to be dismissed summarily because it did not comply with the mandatory provision of Section 117 of the Act.