BELI RAM Vs. ELECTION TRIBUNAL

JUDGEMENT

(1.) THESE six applications for writ of certiorari to quash orders of the Tribunal arise out of election petitions filed by the petitioners for setting aside the election of the opposite party elected candidates in each case. As all these applications involved a common question for determination they have been heard together and I propose to deal with all these petitions by one common judgment which will govern all the cases.

(2.) THE facts giving rise to the present applications are common and may briefly be stated thus: In each case the petitioners filed an election petition before the Election Commissioner for setting aside the election of the opposite parties who were elected during the last election. The cases were referred to the Tribunal who was hearing them. It appears that along with their applications the petitioners filed challans as required by section 125 of Jammu and Kashmir Representation of the People .Act, 1957 showing a deposit of Rs. 1000 towards security costs of the respondents. Thereafter the respondents raised preliminary objections before the Tribunal that the challans did not comply with the requirements of section 125 of the said Act and hence the petitions should be rejected under section 98 3 of the Act. The Tribunal accepted the objection of the respondents and dismissed the election petitions of the petitioners by his order dated 17 -12 -1957. Thereafter the petitioners came up in appeal to this Court against this order and also filed petitions for writ. But as this Court was of the opinion that no appeal was maintainable, the petitioners pray that the order of the Tribunal be quashed by an appropriate writ.

(3.) THE following facts in the present case are undisputed : 1. That the petitioners filed challans along with their petitions, 2. that the challans were for Rs. 1000, 3. that the challans were by way of security,