Judgment

JAGANMOHAN REDDY, J.:- This appeal is against an order of the High Court of Madhya Pradesh by which the election petition filed by the appellant was dismissed for failure to deposit the security as required under Section 117 of the Representation of the People Act, l951 ~ hereinafter called the Act . The facts in brief are, that for the elections held in 1972 respondents l to 5 were elected as members of the Legislative Council of Madhya Pradesh. The appellant presented an election petition on June 26, 1972, but did not deposit Rs. 2000/- security as required under Section 117 of the Act, which inter alla provides as follows:

"117. Security for costs.-(1) At the time of presenting an election petition, the petitioner shall deposit in the High Court in accordance with the rules of the High Court a sum of two thousand rupees as security for the costs of the petition.

(2) During the course of the trial of an election petition, the High Court may, at any time, call upon the petitioner to give such further security for costs as it may direct."

It was contended before the High Court by the petitioner/appellant that the trial had not started, that S. 117 of the Act is only directory