Daya Krishan Mahajan, J. - (1.) BY this petition under Articles 226/227 of Constitution, the Petitioner prays that the order of the Prescribed Authority passed under the Punjab Gram Panchayat (Amendment) Act, 1962, (No. 26 of 1962) be quashed.
(2.) THE relevant facts are that the Respondent sought to challenge the election of the Petitioner to the Gram Sabha of village Kathura, tehsil Gohana, district Rohtak, under Section 13 -B and 13 -C of the Act. This right was conferred on the Respondent by the amending Ordinance and the petition had to be filed within 30 days of the notification of the Ordinance. The last date on which such a petition could be filed was the 26th October, 1962. It may be mentioned that according to Section 13 -B of the Punjab Act, no election can be called in question except by an election petition presented in accordance with the provisions of this Chapter, this Chapter being Chapter 11 -A of the Act. Section 13 -C(1) provides that any member of the Sabha may, on furnishing the prescribed security in the prescribed manner, present on one or more of the grounds specified in Sub -section (1) of the Section 13 -O to the prescribed authority an election petition in writing against the election of any person as a Sarpanch or Panch. The prescribed manner is laid down in Rule 44 of the Punjab Gram Panchayat Election Rules, 1960 -hereinafter referred to as the Punjab Rules -Published in the Government Gazette Extraordinary, 22nd September, 1960. Rule 44 is in these terms: 44. (1) At the time of, or before, presenting an election petition, the Petitioner or Petitioners shall deposit, in the treasury or sub -treasury a sum of rupees one hundred in cash or in Government promissory notes of equal value, as security for all costs that may become payable by him or them. (2) * * * * * * * * * The Respondent when he filed the election petition did not attach the required treasury receipt of Rs. 100. He, however, deposited the sum of Rs. 100. with the Prescribed Authority on the ground that the treasury had closed by 11.00 a.m. on the 26th October, 1962 and, therefore, he could not make the deposit and that the deposit be made and the receipt be obtained the next day on which the treasury was to open. The treasury was closed on the 27th and 28th October, 1962, both being holidays (Diwali holidays). On the 29th October, 1962, the amount was deposited in the treasury and the requisite receipt was obtained and attached to the election petition.
(3.) AN objection was taken before the Prescribed Authority to the effect that the election petition should be rejected under Section 13 -E of the Punjab Act because it was not filed in accordance with Section 13 -C, the substance of the objection being that the treasury receipt was filed after the period of limitation and the election petition though filed within limitation was no petition in the eye of law as it was not accompanied by a treasury receipt. This objection was negatived by the Prescribed Authority with the following observations: The requisite security of Rs. 100 was deposited in the Court along with the election petition, as the time of the Sub -treasury was over, the amount of the security was then deposited in the treasury on the next working day, i.e., on 29th October, 1962, by the order of the Court As the requisite security was deposited with the Court within time and along with the election petition in cash, by the Petitioner, I do not think any contravention of the rules has taken place. I, therefore, dismiss the preliminary objection regarding issue No. 2 raised by the counsel for the Respondent.;