G.L. Chopra, J. - (1.) THIS appeal is directed against an order of the Election Tribunal, Karnal, dismissing the election petition presented by the appellant to challenge the election of Ch. Multan Singh, respondent, to the Punjab Legislative Assembly from Gharaunda Constituency, on the preliminary objection that the provisions of Section 117 of the Representation of the People Act, 1951, had not been complied with.
(2.) SECTION 117 of the Act lays down : "The petitioner shall enclose with the petition a Government Treasury receipt showing that a deposit of one thousand rupees has been made by him either in a Government Treasury or in the Reserve Bank of India in favour of the Secretary to the Election Commission as security for the costs of the petition." Sections 85 and 93 enjoin that the Election Commission or the Tribunal, as the case may be, shall dismiss an election petition if the provisions of Section 117 have not been complied with. The petitioner had deposited the amount of Rs. 1.000/ - in Government Treasury, Karnal, and enclosed the receipt thereof with the petition. The receipt, as reproduced in the judgment under appeal, reads - - JUDGEMENT_23_LAWS(P&H)10_1958.htm (1) that "the words 'for' or 'in favour of are conspicuous by their absence in the receipt", and (2) that the receipt does not state that the amount was deposited "as security for the costs of the petition". The provisions of Section 117 were, therefore, held not to have been complied with, and the petition was dismissed, The present appeal preferred by the petitioner was first heard by this Court in the absence of the respondent and accepted vide its order dated 20th March, 1958. It has now been again heard on an application presented by the respondent.
(3.) AS regards the first defect pointed out by the Tribunal, Mr. D. N. Aggarwal, learned counsel for the respondent, frankly concedes that it could not be regarded as non -compliance with the provisions of Section 117. The heading of Column 3 of the receipt and the entries therein read together leave no doubt that the deposit was made in favour of the Secretary, Election Commission, and that the Secretary was entitled to withdraw the amount. The section nowhere requires that the words "in favour of" must appear on or be repeated in the receipt.;