SHIVAPRASAD Vs. CHANDRIKA PRASAD

JUDGEMENT

(1.) THIS appeal under section 116a of the Representation of the People Act, 1951 (hereinafter the Act) has been filed by one Shivprasad Chandpuria, whose election petition before the Tribunal failed under section 90 (3) of the Act.

(2.) THE appellant Shivprasad Chandpuria was a candidate at the last elections for the Legislative Assembly from the Bargi (97) constituency. The election took place on the 9th March 1957, and respondent No. 1 Chandrika Prasad Tripathi was elected. There were two other candidates, who are shown as respondents Nos. 2 and 3.

(3.) AS is required by section 117 of the Act, Shivprasad Chandpuria, who filed his election petition out of which this appeal arises, made a deposit of Rs. 1,000/- to cover the costs of the answering respondent. He did so in the Treasury at jabalpur, and it is in connexion with, this deposit that the order of the Tribunal was passed. According to the Tribunal, the deposit receipt, which has to be sent to the Election Commission, was not in accordance with the requirements of section 117 and therefore the petition was liable to be dismissed. The Tribunal having dismissed the petition, the present appeal has been filed against its order.