It was companytended before the High Court by the petitioner appellant that the trial had number started that s. 1 1 7 of the Act is only directory and number mandatory and that the deposit of Rs.
49, of 1972.
During the companyrse of the trial of an election petition, the High Court may, at any time, call upon the, petitioner to give such further security for companyts as it may direct.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
N. Dikshit and R. N. Dikshit, for respondents Nos.
4 The Judgment of the Court was delivered by JAGANMOHAN REDDY, J. This appeal is against an order of the High Court of Madhya Pradesh by which the election petition filed by the appellant was dismissed for failure to deposit the security as required under s. 117 of the Representation of the People Act, 1951 29 5 hereinafter called the Act.
K. Gambhir, for respondent No.
2411 of 1972.
Pramodh Swarup, for the, appellant.
1 At the time of presenting an election petition, the petitioner shall deposit in the High Court in accordance with the rules of the High Court a sum of two thousand rupees as security for the companyts of the petition.
2000/security as required under s. 117 of the Act, which inter alia provides as follows Security for companyts.
The appellant presented an election petition on June 26, 1972, but did number deposit Rs.
The facts in brief are, that for the elections held in 1972 respondents 1 to 5 were elected as members of Legislative Council of Madhya Pradesh.
Appeal under s. 116 A of the Representation of the People Act from the judgment and order dated September 22, 1972 of the Madhya Pradesh High Court at Jabalpur in Election Petition No.
