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2000 Supreme(All) 1438

YATINDRA SINGH
RAJ KUMAR SAHI – Appellant
Versus
IIIRD ADDL. DISTRICT JUDGE, DEORIA – Respondent


Advocates Appeared:
R.SRIVASTAVA, Sanjay Sharma

YATINDRA SINGH, J.


( 1 ) THIS case deals with purpose, reason, and place of security deposit towards the cost of an election petition challenging an election in a local body. Are the rules relating to security deposit mandatory? Unlike Representation of Peoples Act, 1951 (the Representation Act) the rules dealing with challenge to an election in a local body do not prescribe the consequence of non-deposit, still is non-deposit of the security or non-accompaniment of receipt showing the security deposit fatal to an election petition? Should the security amount be deposited in the government treasury or in the State Bank of India (S. B. I.) situate within the district in which that local body is situate and where election is challenged or can it be deposited in another district. While considering these questions, it is also recommended that the State Government may consider refraining the Rules regarding deposit of security detailed in paragraph 4 of the judgment (Heading : Few Recommendations, paragraphs 28 and 29 of the judgment ).

( 2 ) GEOGRAPHICALLY, the State of Uttar Pradesh is divided into districts. A district is broadly categorised into urban and rural area. The urban area













































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