VidhiSangh

Supreme Court of India · 06/03/2018

SITARAM versus RADHEY SHYAM VISHNAV & ORS.

[2018] 3 S.C.R. 601 · 2018 INSC 212

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Summary

The Supreme Court rejected a municipal election petition that was filed without the required treasury deposit and accompanying challan. Under Rajasthan’s 2009 Election Petition Rules, deposit of Rs.1,000 at presentation was mandatory and non-compliance required dismissal. A later court-permitted deposit, even within the limitation period, did not cure non-deposit at filing. The Court distinguished curable irregularities in the mode of an existing deposit from absence of the deposit itself and disapproved the contrary interpretation in Ashok Kumar.

Issues

  1. Whether the election petition had to be accompanied at presentation by the challan evidencing the Rs.1,000 treasury deposit.
  2. Whether a later deposit within limitation could cure initial non-deposit.
  3. Whether general deposit procedures required the petitioner to await an order after filing.

Provisions considered

Held

Result

Appeal allowed without costs. High Court and Election Tribunal orders set aside; election petition rejected for failure to make the mandatory deposit at presentation.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 601.