1. This petition filed by five persons Messrs. Ramayan Singh, Deveshwar Manjhi, Shankar Manjhi, Krishna Manjhi and Anil Kumar Srivastava, all from the District of Siwan, in effect, submitted that section 34 of the Representation of the People Act, 1951, in so far as it requires that a certain deposit shall be made before a candidate seeks ejection, Assembly or Council of Parliament, is ultra vires to the Constitution of India.

2. The contention of the learned counsel is that the requirement of a deposit as enacted by the Parliament is illegal and the Parliament has no authority to do so or that the Parliament has exceeded its limits in enacting the law.

3. The facts are that the Constitution of India has authorised the Parliament for the conduct of elections with provisions giving sufficient guidance under Part-XV "Elections" between Article 324 to Article 329. The Parliament has been sufficiently endowed with powers to lay down the criteria for participating in elections whether to the State Legislature or the Parliament.

4. Just for the askance, the court cannot declare the provision, as pleaded, as ultra vires.

5. Dismissed.