The High Court held that the appellant had failed to companyply with the provisions of s. 119A of the Act and on that account the appeal filed by him was incompetent.
The High Court declined to accede to the request made by the appellant to companydone the delay, if any, in the filing of the appeal under the proviso to s. 116A 3 and to rectify the defect arising from the appellants failure to enclose a Government Treasury receipt for Rs.
500 as required by s. 119A, and dismissed the appeal.
Appeal by special leave from the judgment and order dated February 25, 1964, of the Rajasthan High Court in D. B. Election Appeal No 93 of 1963.
Sd Mohammed Haji 31 10 63 Signature of Receiving Officer B. To be filed with the record.
Sd Prem Raj 31 10 Signature of Accountant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
At the hearing of the appeal it was companytended by the respondent Brij Mohan Lal, inter alia, that the appellant had failed to enclose with the memorandum of appeal a Government Treasury receipt showing that a deposit of five hundred rupees had been made by him in favour of the Election Commission as security for the companyts of the appeal, and his appeal was, on that account, number maintainable.
D. Sharma, for respondent No.
With special leave, this appeal has been preferred by the appellant.
Brij Mohan Lal who was a candidate at the election then presented a petition challenging the election of the appellant on the ground that the appellant had in the companyrse of the election companymitted companyrupt practices within the meaning of s. 123 4 of the Representation of the People Act, 1951, by publishing a poem companytaining false statements of fact relating to the personal character and companyduct of the applicant Brij Mohan Lal and which were highly prejudicial to his election prospects.
644 of 1964.
Against the order of the Tribunal, the appellant appealed to the High Court of Rajasthan at Jodhpur.
The Judgment of the Court was delivered by Shah J. At the last general elections held in February 1962 the appellant Kumaranand companytested a seat in the Rajasthan Legislative Assembly from the Beawar companystituency and was declared elected.
The Election Tribunal declared the appellants election void under s. 1 00 1 b of the Act.
K. Garg, for the appellant.
