- (1.) This writ petition has been filed by the petitioner being aggrieved with the order dated 30.05.2016 passed by the Additional District Judge No.2, Chittorgarh (for short 'the Election Tribunal' hereinafter), whereby the application filed by the petitioner under Order VII Rule 11 read with section 151 CPC has been dismissed.
(2.) Brief facts of the case are that the election of the petitioner for the post of Sarpanch of Gram Panchayat, Mandapiya, Panchayat Samiti, Gangrar, District Chittorgarh is under challenge by way of an election petition preferred on behalf of respondent No.2 under section 43 of the Rajasthan Panchayati Raj Act, 1994 (for short 'the Act of 1994' hereinafter) read with Rule 80 of the Rajasthan Panchayati Raj Election Rules, 1994 (for short 'the Election Rules' hereinafter). In the said election petition, the petitioner filed an application under Order VII Rule 11 CPC with a prayer for dismissing the election petition.
(3.) The case of the petitioner before the Election Tribunal was that the result of the election was declared on 01.02.2015 and as per Rule 80 of the Election Rules, an election petition challenging the election of a returned candidate can be filed within a period of 30 days from the date of which the result of the election is declared and Rule 81(2) of the Election Rules provides that no petition shall be deemed to have been presented under the Election Rules unless the petitioner deposits a sum of Rs.500/- along with the petition by way of security for the costs of the opposite party. It was claimed that though the respondent No.2 filed the election petition on 28.02.2015 but the cost of Rs.500/- was not deposited along with the election petition as per the requirement of Rule 81 of the Election Rules and the same was deposited only on 12.03.2015 and, therefore, the election petition filed on behalf of respondent No.2 is liable to be dismissed at the threshold.;