RULYA RAM Vs. CHAUDHRI MULTAN SINGH AND ANR.

JUDGEMENT

(1.) THIS appeal is directed against an order of the Election Tribunal, Karnal, dismissing the election petition presented by the appellant to challenge the election of Ch. Multan Singh, respondent, to the Punjab Legislative Assembly from Gharaunda Constituency, on the preliminary objection that the provisions of Section 117 of the Representation of the People Act, 1951, had not been complied with.

(2.) SECTION 117 of the Act lays down :

(3.) AS regards the first defect pointed out by the Tribunal, Mr. D. N. Aggarwal, learned counsel for the respondent, frankly concedes that it could not be regarded as non -compliance with the provisions of Section 117. The heading of Column 3 of the receipt and the entries therein read together leave no doubt that the deposit was made in favour of the Secretary, Election Commission, and that the Secretary was entitled to withdraw the amount. The section nowhere requires that the words "in favour of" must appear on or be repeated in the receipt.