Non-compliance with mandatory procedural rules as per R.19(2) leads to dismissal of election revision petitions.

1. With the consent of both the parties, the matter is heard finally.

2. The instant Civil Revision petition is filed under the provisions of S.26(2) of M.P. Municipalities Act, 1961 (hereinafter referred to as 'the Act') challenging the order dated 05.04.2018 passed by the 1st Additional District Judge to the Court of 1st Additional District Judge, Satna (M.P.) in Election Revision No.1/2015 (Mubarak Ali @ Bhura V. Nausad Ali & Ors) whereby the learned Election Tribunal has allowed the Election Petition filed by the respondent no.1 and set - aside the election of the petitioner on the post of Councillor of Ward No. 13 (Badi Chiphati) Nagar Parishad Uchehra, District Satna and as a consequence thereof the respondent no.1 has been declared elected as Councillor of Ward No. 13 (Badi Chiphati) Nagar Parishad Uchehra, District Satna.

3. An objection has been raised by the learned counsel for the respondent that the present revision petition has been filed without compliance of the mandatory provision of R.19(2) of M.P. Municipalities (Election Petition) R.1962 (For short 'the Rules, 1962') as no security amount has been deposited alongwith memo of revision petition and therefore, the petition is not maintainable.

4. The undisputed facts are that the order impugned was passed in election reference / petition on 05.04.2018. The revision petition was filed on 23rd April, 2018 and alongwith the said revision petition, the security amount of Rs.250/- was not deposited. The security amount has been deposited on 11.05.2018. It is relevant to mention here that the period of limitation for filing the revision petition is 30 days from the date of order passed in the Election Petition. Thus, in the present case the preliminary objection regarding maintainability of the petition due to non - compliance of provisions envisiged in R.19(2) of the Rules, 1962 is being considered. It is contended by learned counsel for the respondents that as per the requirement of R.19(2) the petitioner has not deposited a sum of Rs.250/- as security towards cost of revision with the High Court “at the time of presentation” of the petition. However, as per the consequence specified therein, the election petition ought to be dismissed in limine.

5. The facts stated in nutshell are that the petitioner and the respondents no. 1 to 4 had contested the election in the year 2014 for the post of Councillor of Ward No. 13 (Badi Chiphati) Nagar Parishad Uchehra, District Satna. The present petitioner was declared as an elected candidate by one vote for the post of Councillor. Respondent no.1, therefore, filed the election petition under S.20 of the M.P. Municipalities Act, 1961 Read with the 'R.1962' for setting aside the election of the petitioner as a Councillor of Ward No. 13 (Badi Chiphati) Nagar Parishad Uchehra, District Satna.

6. Learned trial Court has framed the issues and thereafter recording the evidence and passed the impugned order, whereby the election petition filed by respondent no. 1 was allowed and the election of the petitioner on the post Councillor of Ward No. 13 (Badi Chiphati) Nagar Parishad Uchehra, District Satna was set - aside and as a consequence the respondent no.1 was declared elected as Councillor of Ward No. 13 (Badi Chiphati) Nagar Parishad Rchehra, District Satna. Being aggrieved by the aforesaid order of the learned Tribunal, the present revision petition is filed.

7. Learned counsel for the petitioner submitted that there is substantial compliance of the provisions of the Act and Rules framed thereunder as the petit