1. This appeal is brought on behalf of Sardar Harihar Singh alias Singh Sardar Harihar, against the judgment of the Election Tribunal of Shahabad, dated 26-7-1957, in Election Case No. 356 of 1957, dismissing the election petition of the appellant for non-compliance of the provisions of Sec.117 of the Representation of the People Act, 1951. It appears that the respondent No, 1 was elected to the Bihar Legislative Assembly From the electoral constituency of Dumraon on 14-3-1957 and the result was published in the Bihar Gazette of 25-3-1957. On 28-3-1957, the election petition along with the treasury chalan was presented on behalf of the petitioner to the Election Commission at New Delhi. In its order dated 16-5-1957, the Election Commission pointed out the defect in the chalan, namely, that the deposit was not in favour of the Secretary of the Election Commission.

The petition was not dismissed by the Election Commission under Section 85 of the Representation of the People Act. On the other hand, the petition was admitted and orders were made for the publication of the petition in the official Gazette and also For issue of notice on the respondent. Subsequently Sri Sachchida