BIRDHA Vs. RANCHHORDAS

JUDGEMENT

(1.) THIS is an appeal by one Birdha whose election petition filed under sec. 34 of the Rajasthan Municipalities Act 1959 challenging the election of Ranchhor Das to ward No. 2 of Merta Municipality has been dismissed by the Civil Judge, Merta under sec. 44 (3) on the ground that he failed to comply with the provisions of sec. 53 (1) inasmuch as the treasury receipt was not enclosed along with the petition.

(2.) A preliminary objection has been taken on behalf of Ranchhordas that this appeal is not competent as the treasury receipt showing that a deposit of Rs. 100/-has been made by the appellant in the Government treasury in favour of the High Court as security for the cost of the appeal was not enclosed with the memorandum of appeal.

(3.) COMING now to the facts of the main case no witness was examined orally on behalf of the election petitioner. Reliance was placed on the record of the case and the letter from the District Judge, Merta, dated 13. 3. 64 to the Civil Judge, Merta, which runs as follows : " In the above noted election petition the petitioner had deposited a sum of Rs. 100/-in favour of this Court as security for costs as shown in the original Government Treasury Receipt Challan No. 186, dated 6. 1. 64 ). The petitioner had enclosed this Government Treasury receipt along with the above election petition, but as the same was required for the purposes of accounting in the proper accounts register, it was taken by the Accounts Section on the file of Civil Court Deposit receipts. The Government Treasury Receipt (challan) is now returned for putting it back on the file of the above case pending in your Court. "