On a petition by lhe reswndent. challenging the election of the appellant to the State Legislative Assembly, the Election Tribunal declared the election void under s. 100( I )(b) of the Representation of the People Act. Against lhe order of the Tribunal, the appellant appealed to the High Court. Instead of enclosing with the memorandum of appeal a Govllmment Treasury receipt showing that a deposit of Rs. 500 bad been made in favour of the Election C<immission, the appellant through his Advocale tendered the amount in the office of the Registrar ·of the High Court. The amount tendered was accepted and was duly credited in the name of the appellant as "security deposit" .. At the hearing of the appeal if was contended by the respondent, inter a/ia, that the appellant had failed to enclose with the memorandum of appeal a Government Treuury Receipt showing that a deposit of five hundred rupeC3 had been made by him in favour of the Election Commission as security of the com of the appeal, and bis appeal was, on that account, not maintainable. 1be High Court held that the appellant had failed to comply with the provisions of 1. 119-A of the Act and on that account the appeal filed by him was inrompetent, and dismissed the appeal. In appoal by special leave : HELD : The failure to comply with the requirements of s. 119-A docs not necessarily result in the dismissal of the appeal, for the Act impooes no express penalty for non-compliance with the requirements of that section. The Court had therefore jurisdiction having regard to the circumltallCCS, either to permit rectification of the mistake. or to decline to proceed with the appeal which did not comply with the statutory requirements. Jn the present case the High Court erred in not taking into consideration the conduct of the office of the Regist'ar in accepting the deposit of costs and also a defecth·e presentation of the appeal whieb contributed to the irregularity of the procedure adopted by the appellant. [ 1228-D]. lagan Nath v. Jaswant Singh, (1954] S.C.R. 892, referred to. CivlL APPELLATE JURISDICTION : Civil Appeal No. 644 of 1964.
