1996 Supreme(MP) 1311

IN THE HIGH COURT OF MADHYA PRADESH
C.K. PRASAD, J.
Mohan – Appellant
Versus
Shankarlal – Respondent
W.P. No. 1216 of 1995 (I)
Decided On : 22-01-1996

Headnote:(1) Panchayat Raj Adhiniyam, 1993 (M.P.) – S. 122 – election petition under – security of Rs. 250/ – not deposited – petition liable to be dismissed.

       (2) Panchayat (Election Petition, Corrupt Practices and Disqualification for Membership) Rules, 1991 (M.P.) – R. 7 and 8 – full amount of security Rs. 250/ – not deposited with election petition – petition liable to be dismissed.

        Short Note

       1. By order dated 4.9.95 the election of the petitioner as Sarpanch of Gram Panchayat Borda was set aside by the prescribed authority. The petitioner has impugned the said order in this writ petition.

       2. Inspite of service of notice on respondents 1, 2 and 3, they have not chosen to appear. Respondent No.1 filed an election petition challenging the election of the petitioner under S. 122 of the M.P. Panchayat Raj Act 1993. It is averred in the writ petition that along with the election petition, respondent No.1 has not deposited a sum of Rs. 250/ – which is required to be deposited as security amount.

       3. A copy of the election petition filed by respondent No. 1 has been placed on record as Ann. P/1. In paragraph 14 of the said application respondent No.1 has stated about deposit of Rs. 50/ – as security amount.

       4. It is well settled in view of catena of decisions of this Court that the election petitions filed without depositing security amount of Rs. 250/ – has to be dismissed.

       5. Shri Zelawat learned G.A. appearing on behalf of respondent No.4 on advance copy stated that such a view is taken by this Court in large number of cases. There being no dispute that respondent No.1 has only deposited Rs. 50/ – alongwith the election petition, the election petition deserves to be dismissed.

       6. In the result, the order impugned is set aside and the writ petition is allowed. However, in the facts and circumstances of the case, there shall be no order as to costs.