Judgment

SHAH, J. :

At the last general elections held in February 1962 the appellant Kumaranand contested a seat in the Rajasthan Legislative Assembly from the Beawar constituency and was declared elected. Brij Mohan Lal who was a candidate at the election then presented a petition challenging the election of the appellant on the ground that the appellant had in the course of the election committed corrupt practices within the meaning of S.123(4) of the Representation of the People Act, 1951, by publishing a poem containing false statements of fact relating to the personal character and conduct of the applicant Brij Mohan Lal and which were highly prejudicial to his election prospects. The Election Tribunal declared the appellant s election void under S.100(1)(b) of the Act. Against the order of the Tribunal, the appellant appealed to the High Court of Rajasthan at Jodhpur. At the hearing of the appeal it was contended by the respondent Brij Mohan Lal, inter alia, that the appellant had failed to enclose with the memorandum of appeal a Government Treasury receipt showing that a deposit of five hundred rupees had been made by him in favour of the Election Commission as security for the costs of the appeal, and his appeal was, on that account, not maintainable. The High Court held that the appellant had failed to comply with the provisions of S. l19A of the Act and on that account the appeal filed by him was incompetent. The High Court declined to accede to the request made by the appellant to condone the delay, if any, in the filing of the appeal under the proviso to S. 116A(3) and to rectify the defect arising from the appellant s failure to enclose a Government Treasury receipt for Rs.500 as required by S. 119A, and dismissed the appeal. With special leave, this appeal has been preferred by the appellant.

2. Thc facts bearing on the plea which has found favour with the High Court of Rajasthan and the relevant provisions of the Representation of the People Act in force at the material time may be briefly stated. Section 119A of the Act which was added by S. 64 of Act 27 of 1956 and was further amended by Act 58 of 1958 reads as follows :

"Every person who prefer an appeal under Chapter IVA shall enclose with the memorandum of appeal a Government Treasury receipt showing that a deposit of five hundred rupees has been made by him either in a Government Treasury or in the Reserve Bank of India in favour of the Election Commission as security for the costs of the appeal."

Instead of enclosing with the memorandum of appeal a Government Treasury receipt showing that a deposit of Rs. 500 had been made in favour of the Election Commission, the appellant through his Advocate Vijay Chandra Mehta tendered on October 21, 1963, the amount of Rs. 500 in the office of the Registrar of the High Court. The amount tendered was accepted and was duty credited in the name of the appellant as "security deposit". The tender form for payment into Court of the security for costs, as competed by the office of the Registrar, High Court, Rajasthan, was as follows :

"Original tender: 77 1/ 21-10-63 R. R. D. No. 239/31-10-63.

In the High Court of Judicature, for Rajasthan at Jodhpur.

Jaipur Bench

Instruction to applicant : Fill up accurately Columns 1 to 4

1. Name of party on whose behalf money is tendered: Shri Kumaranand.

2. Name of parties and number of the suit: Kumaranand v. Brij Mohan Lal D. B. Election Appeal 1963.

3. Nature of payment : Security Deposits:

4. Amount tendered : Rs. 500 (Rs. Five hundred only).

5. Office report : May be deposited.

Sd/. Vijay Chandra Mehta, Sd/- Illegible, 21-10-63

Stamp. Signature of Cashier

Dated Dated

Receipt acknowledged in Registrar No. R.R.D. No. 239/31-10-63 only by credited Dated to S. B. Ch. No. 157 /54/ 21-10-63.

Sd/. Mohammed Haji, 31-10-63.

Signature of Receiving Officer.

N.B. -To be filed with the record

Sd/- Prem Raj,

31-10-63

Signature of Account.

It is clear from the terms of the tender that the amount was dep