GIAN CHAND PURAN CHAND Vs. OM PRABHA JAIN

JUDGEMENT

(1.) THIS appeal has been preferred by Gian Chand against the decision of the election Tribunal, Kar-nal, dated 8th November, 1957 by which his petition challenging the election of Shrimati Om Prabha Tain respondent to the Punjab legislative Assembly from Kaithal Constituency had been dismissed on the ground that the election petition, did not comply with the mandatory provisions of Section 117 of the Representation of the People Act, 1951.

(2.) THE above election petition challenging the election of Shrimati Om Prabha Jain was filed on the 24th of April, 1957. On the 14th of October, 1957 when the case is said to have become ripe for arguments, an application on behalf of the respondent was filed alleging that Gian Chand Petitioner had not complied with the provisions of Section 117 of the Representation of the People Act, 1951 inasmuch as security, for Rs. 1,000/- deposit ed by him was not security for costs of the petition. It was prayed that the election petition be dismissed forthwith under Section 90 (3) of the Representation of the People Act. On the following day reply to this petition was filed stating that the petitioner had closed his evidence and that if at all, the point was allowed to be raised, it would re quire evidence for proper enquiry. The Tribunal, however, on the 8th of Novem- ber, 1957 dismissed the petition as stated above, holding that no other evidence except the deposit receipt itself could under the law be adduced and that the receipt did not show that the provisions of section 117 of the Representation of People Act had been complied with. Against this decision the present appeal has been preferred. ;

(3.) MR. Harbans Singh Doabia counsel for the respondent has raised a preliminary objection con-tending that the present appeal is not competent as the impugned order does not fall under Section 98 of the Representation of the People Act, 1951. He submits that Section 116-A of. the said Act provides an appeal only from orders) passed by a Tribunal under Section 98 or Section 99. Section 98 reads as follows : -