SHEESH PAL SINGH Vs. GURBUX SINGH

JUDGEMENT

(1.) Appellant Sheesh Paul Singh had filed election petition being Misc. No. 22 of 26.2.1998 before the learned Election Tribunal (Deputy Commissioner), Sangrur against the present respondents. The election petition having been dismissed, this is an appeal filed by the appellant.

(2.) The only ground oh which the election petition has been dismissed is that there is no compliance of Rule 89 of the Punjab Municipal Election Rules, 1994 (hereinafter referred to as the Rules). Rule 89 of the Rules provides for depositing a sum of Rs. 500/-as cash at the time or before presenting an election petition. Rule 90 of the Rules provides that if the provisions in Rule 89 of the Rules have not been complied with, the Election Tribunal shall pass an order dismissing the election petition. The contention of the learned counsel for the appellant is that the amount was deposited in the treasury. However, the amount is treated to have been deposited under the wrong head and the Election Tribunal dismissed the election petition of the appellant by holding that the amount deposited by him cannot be considered as security. According to the learned counsel for the appellant this reason for dismissal of the petition is erroneous. Contrary arguments have been advanced by the learned counsel for the respondents. It will be proper to quote the relevant Rules before proceeding further. Rule 89 of Rules reads as under:-

(3.) From the judgment of the learned Election Tribunal, it is found that it is not disputed that the amount was deposited. However, it was credited into a different Head. For getting a clear picture, it will be proper to reproduce the relevant portion of the judgment of the Election Tribunal, which reads as under:-