ANIL SHARMA
Balveer Singh – Appellant
Versus
Secretary – Respondent
JUDGMENT
Arguments heard.
The petitioner has filed this civil revision under Section 115 of the Code of Civil Procedure read with section 26(2)of the Madhya Pradesh Municipalities Act, 1961 challenging the order dated 6.12.2010 passed by the District Judge, Ashoknagar in Election Petition No. 3/10, dismissing the petition on the ground that necessary security amount for filing the election petition under Section 20(3)(ii) of the Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as the "Act") has not been deposited.
2. This is an admitted fact that the petitioner had filed the election petition before the District Judge without depositing the amount of security of Rs. 200/- in accordance with the provisions of Section 20(3)(ii) of the Act but he had submitted stamp of Rs. 200/- which according to the petitioner is the compliance of the above mentioned provisions. On filing of preliminary objections, the learned trial court has dismissed the election petition for non-compliance of provisions of Section 20(3)(ii) of the Act read with Order 7 Rule 11(D) of CPC.
3. Learned counsel for the petitioner has submitted that the provisions of depositing the security amount has been
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