KANWAL SINGH BEDHARAK Vs. CHARANJI LAL SHARMA

JUDGEMENT

(1.) THIS Election Petition filed under the provisions of para 6, Chapter 2, Sections 82, 84 and 100 of the Representation of the People Act, 1951. (hereinafter referred, to as 'the Act') challenging the election of respondent No. 1 to the Lok Sabha from 3 Karnal Parliamentary Constituency and seeking the declaration of the said election as void, is liable to be dismissed, at the thereshold, due to the non-compliance of the provision of subsection (1) of Section 117 of the Act in so far as it is relevant reads as under:

(2.) THE Registry of the High Court has raised the objection that the security for costs of Rs. 2,000/- has not been deposited before the filing of the petition as required under Section 117 (1) of the Act. Instead an application for permission to deposit the amount subsequently has been filed by the petitioner. Some other objections have also been raised by the Registry but it is not necessary to notice those objections as they do not go to the root of the case unlike the objection regarding the default of the petitioner by failing to deposit the amount of security for costs. In his reply to the aforesaid objection, the petitioner has stated, in writing, as under:

(3.) IT is apparent from the reply of the petitioner that he had not deposited the security for costs in accordance with the above reproduced provision of Section 117 (1) of the Act but had sought exemption from depositing the same.