SITARAM versus RADHEY SHYAM VISHNAV & ORS.

SITARAM versus RADHEY SHYAM VISHNAV & ORS.

The mandatory requirement under Rule 3(5)(d) that the election petition be accompanied by the treasury challan of Rs.1,000/- at the time of presentation cannot be complied with by subsequent deposit; under Rule 7(3), any petition not so accompanied must be dismissed; thus, the election petition was invalid and rightly rejected.

Parties
Appellant: Sitaram; Respondent: Radhey Shyam Vishnav; Respondents: Others
Jurisdiction
India
Judgment Date
06 March 2018
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Affirming Order of Election Tribunal; Supreme Court Decision
Outcome
Appeal allowed; election petition rejected
Legal Topics
Election Petition, Mandatory Deposit Requirements, Rajasthan Municipalities Election Petition Rules
Election Law Election Petition Mandatory Deposit Requirements Rajasthan Municipalities Election Petition Rules

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Parties

Sitaram

Appellant

Radhey Shyam Vishnav

Respondent

Others

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Affirming Order of Election Tribunal; Supreme Court Decision

Legal Issues

  1. 1 Whether failure to deposit treasury challan of Rs.1000/- with election petition at time of presentation mandates dismissal under Rule 7(3) of Rajasthan Municipalities Election Petition Rules, 2009

Ratio Decidendi

The mandatory requirement under Rule 3(5)(d) that the election petition be accompanied by the treasury challan of Rs.1,000/- at the time of presentation cannot be complied with by subsequent deposit; under Rule 7(3), any petition not so accompanied must be dismissed; thus, the election petition was invalid and rightly rejected.

Court Disposition

Appeal allowed; election petition rejected

Orders

  • Order of High Court set aside
  • Order of Additional District Judge (Election Tribunal) affirmed to the extent that election petition must be rejected