Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 4093 of 2018 Petitioner :- Sangeeta Respondent :- Kumkum Rani Counsel for Petitioner :- Ashok Kumar Singh,Pratibha Singh Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
Present petition has been filed for setting aside the order dated 8.5.2018 passed by Special Judge SC/ST Act, Etah in Election Petition No. 2 of 2017 (Kumkum Rani vs. Sangeeta).
By the impugned order, the application filed by the petitioner under Order 7 Rule 11 CPC on the ground that the amount of Rs. 500/-, which is required to be deposited under Section 20 (5) provision of Nagar Palika Adhiniyam has not been deposited by the contesting respondent herself and therefore, the election petition was not maintainable, has been rejected.
In reply to the aforesaid application alongwith objection, treasury challan of Rs. 500/- was annexed.
Submission is that the money should have been deposited by the candidate herslef and in the present case the amount was deposited by some other person and therefore, the election petition was not maintainable.
The court below held that there is no requirement of law that the election petitioner herself should have deposited the amount under her own signatures.
I have perused Section 20 of the U.P. Municipalities Act, 1916. Proviso to sub-section (5) to Section 20 of the Act, 1916 provides that the petition shall not be entertained by the District Judge, unless it is accompanies by a treasury challan showing that the prescribed security has been deposited.
The amount was admittedly deposited in cash, therefore, this objection is patently misconceived and was rightly rejected by the court below.
I do not find any legal infirmity or jurisdictional error in the order impugned herein.
Present petition is devoid of merits and is accordingly dismissed.
Order Date :- 30.5.2018 Lalit Shukla