( 1 ) THIS is an appeal from a judgment passed by the Election Tribunal, Ujjain, on 25-11-1957, in Election Petition No. 196 of 1957.

( 2 ) THE matter arises out of, the last elections to the Madhya Pradesh Legislative assembly. The appellant was a candidate for election from the Khachraud constituency, and the four respondents were also candidates. Of these, the first respondent Shri Virendra Singh son of Thakur Parbatsingh was elected, and the present appellant filed an election petition challenging the election. Along with his election petition the appellant enclosed a Government Treasury receipt, as required by Section 17 of the Representation of the People Act (hereinafter the act ). Before the Election Commission the question had arisen whether the election petition was liable to be dismissed in limine because the receipt showed that the deposit was made not in the name of the Secretary to the Election Commission, as required by Section 17 of the Act, but in the name of the Secretary to the Election petition. The Election Commission did not dismiss the petition under Section 85 of the Act and observed as follows: 'the Treasury challan enclosed with the petition is defective i

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