Judgment

P. B. GAJENDRAGADKAR J.: This appeal by special leave arises out of an election petition filed by respondent 1 (No. 320 of 1957) before the Election Commission, New Delhi, in which he prayed that the appellant s election to the Madhya Pradesh Legislative Assembly from Bargi constituency should be declared to be void and that it should be further declared that he had himself been duly elected from the said constituency. The polling for the election in question was taken on March 9, 1957, and the result was declared on March 12, 1957. Of the three candidates who had stood for election, the appellant secured 9,308 votes, respondent 1, 8,019 votes and the third candidate, respondent 2, 3,210 votes.

2. The petition filed by respondent 1 was entrusted to the Election Tribunal, Jabalpur, for trial. On October 12, 1957, the appellant filed before the Election Tribunal an objection under S. 90, sub-s. (3) of the Representation of the People Act, 1951 (hereinafter called the Act) alleging that respondent I had not complied with the provisions of S. 117 of the Act in regard to the making of the deposit of the security for costs and praying that his election petition should be dismissed