The main legal point established is that a treasury challan deposit is essential for the maintainability of an election petition, and an issue of non-deposit of security deposit in an election petition is not to be tried as a preliminary issue.

Heard Shri Bhoopendra Nath Singh, learned counsel for the petitioner and learned standing counsel.

The Petitioner/Ram Sewak Singh challenges the correctness of order dated 6.2.2014 passed by Election Tribunal/ Sub Divisional Officer, Chail, Kaushambi in Election Petition No.16 of 2010, declining to try an issue as a "preliminary issue".

Ram Suchit/respondent no.2, filed an election petition under Section 12-C of the U.P. Panchyat Raj Act, 1947 (short "the Act") challenging the election of writ petitioner as Gram Pradhan.

2. On 23.11.2013, an application was filed by writ petitioner for framing two preliminary issues which are extracted herein:

1. D;k ;kfpdk nkf[ky djus ds igys xzke iapk;r @xzke lHkk dksfj;ks ds O;fDrxr [kkrs esa izfrHkwfr dh /kujkf'k tek dh x;h gS\

2. D;k ukekadu ds le; ifjf'k"B 8 esa rRdkyhu vkj0vks0] ,0vkj0vks0 ds }kjk la'kks/ku fd;k x;k Fkk ;fn gkaW rks mldk izHkko\

However, on 21.12.2013, following issue was framed:

1. Vs~ztjh esa tek dh x;h /kujkf'k D;k xzke lHkk ds mfpr [kkrs esa le;ksftr gqbZ gS ;fn ugha rks mldk izHkko\

3. The Election Tribunal vide impugned order dated 6.2.2014 declined to try the issue framed on 21.12.2013 as a preliminary issue.

4. It was vehemently contended by learned counsel for the petitioner that a treasury challan deposit is a sine-qua non to the filing of the election petition, in terms of Rule 3(1) of U.P.Panchyat Raj (Settlement of Election Disputes) Rules, 1994 and if the same is not deposited in an appropriate head of the Gaon Sabha, maintainability of the election petition itself becomes incompetent, thus the said issue ought to have been tried as a "preliminary issue". He in support of his contention relies on a Full bench judgment of this Court in the case of Kedar Nath vs. S.N.Misra A.I.R. 1957 Allahabad 484 and that of Ansar Ahmad vs. Sub Divisional Officer, Kairana 1998 (89) R.D. 500. He further submitted that election petition is to be filed in the mode and manner prescribed in the statute, which admits of no exception and once there was a departure, the petition ought to have been dismissed at the threshold .

5. Section 12-C of the Act provides that election of a Pradhan and other specified persons can only be questioned by an election petition presented before such authority, within such time, and in such manner as may be prescribed on specified grounds. In exercise of the powers conferred by Section 110 read with Section 12-C and 12-D of the Act, the State Government has framed U.P. Panchyat Raj (Settlement of Election Dispute) Rules, 1994. Rule 3 is extracted hereunder:

3. Election Petition - (1) An application under sub-section (1) of Section 12-C of the Act shall be presented before the Sub Division Officer, within whose jurisdiction the concerned Gram Panchayat lies, within ninety days after the day on which the result of the election questioned is announced and shall specify the ground or grounds on which the election of the respondent is questioned and contain a summary of the circumstances alleged to justify the election being questioned on such ground:

Provided that no such application shall be entertained unless it is accompanied by a treasury challan to show that the amount of rupees fifty has been deposited in the personal Ledger Account of the Gram Panchayat concerned as security.

A perusal of Rule 3 would manifest that the election petition is to be inter-alia presented before the Sub Divisional Officer of the Gram Panchayat concerned within a prescribed period. However, proviso appended thereto provides, that no application shall be entertained unless it is accompanied by a treasury challan to show that an amount of Rs.50/- has been deposited in the personal ledger account of Gram Pradhan concerned as security.

It is not the case of petitioner that the said amount was not deposited, rather the submission is that the amount was not deposited in the appropriate head of the Gaon Sabha, thus the election petition itself, was not ex fac