Judgment

CHANDRACHUD, CJI.:- The appellant, Aeltemesh Rein, was candidate for election to the Lok Sabha from the Durg Parliamentary Constituency in the General Elections held in January, 1980. Respondent 1 having been declared as a successful candidate in the aforesaid election, the petitioner filed an election petition in the High Court of Madhya Pradesh under Section 81 of the Representation of the people Act, 1951 (the Act). The appellant stated expressly in his election petition that the security amount of Rs. 2,000/-, was being deposited along with the petition as required by Section 117 of the Act but, in fact, no such deposit was made. The High Court dismissed the petition for non-compliance with the provisions of Section 117 and hence this appeal.

2. It is urged by the appellant who appeared in person before us that Sections 86 and 117 of the Representation of the People Act, 1951, are ultra vires Article 329 (b) of the Constitution and, therefore, the High Court was in error in dismissing the election petition for the reason that the provisions of Section 117 were not complied with. We see no substance in this contention Article 329 (b) of the Constitution provides, in so fa