Yatindra Singh, J. - (1.) This case deals with purpose, reason, and place of security deposit towards the cost of an election petition challenging an election in a local body. Are the rules relating to security deposit mandatory? Unlike Representation of Peoples Act, 1951 (the Representation Act) the rules dealing with challenge to an election in a local body do not prescribe the consequence of non-deposit, still 'Is non-deposit of the security or non-accompaniment of receipt showing the security deposit fatal to an election petition?' Should the security amount be deposited in the Government treasury or in the State Bank of India (S.B.I.) situate within the district in which that local body is situate and where election is challenged or can it be deposited in another district. While considering these questions, it is also recommended that the State Government may consider refraining the Rules regarding deposit of security detailed in paragraph 4 of the judgment (Heading : Few Recommendations, paragraphs 28 and 29 of the judgment).
(2.) Geographically, the State of Uttar Pradesh is divided into districts. A district is broadly categorised into urban and rural area. The urban area of a district is governed by a local body under the U. P. Municipal Corporation Act (the Corporation Act) or under the U. P. Municipality Act (the Municipality Act) depending upon its population. The local body of urban area in a district is known by different names and amongst the others has one person as a Chairperson : Deputy Chairperson ; and elected members.
(3.) Rural area of a district is divided into Blocks, which in turn consist of villages. A Gram Panchayat is a local body governing a village ; it could comprise more than one village also. Pradhan is its Chairperson. It is governed by the U. P. Panchayat Raj Act. 1947 (the Panchayat Raj Act). Kshettra Panchayat and Zila Panchayat govern a block and a district under U. P. Kshettra Panchayat and Zila Panchayat Adhinlyam, 1961 (the Zila Panchayat Act). Kshettra Panchayat amongst the others consists of all Pradhans of Gram Panchayats in that Block and some elected members. It is chaired by a Pramukh. Zila Panchayat amongst the others consists of all Pramukhs of Kshettra Panchayat in that district and some elected members. An Adhyaksha chairs it.;