Law: Election Act, 2017

Section: XXXIII,139(4),142(1),143(3),144,144(2)(c),145(1),139(4)

Summary:The case revolves around an election petition challenging the validity of a returned candidate's election under the Election Act, 2017. The primary issue was whether the petition should be rejected under Section 145(1) due to non-compliance with Section 142(1), which requires a security deposit under the prescribed head of account. The petitioner initially deposited the amount in a previous head of account, later making a second deposit in the correct account after the filing deadline. The tribunal ruled that since the initial deposit was in a valid government account, and the error resulted from the bank's outdated process rather than the petitioner’s fault, strict rejection under Section 145(1) was not justified. The petition remained valid as all essential requirements were met.Election Act, 2017 (XXXIII of 2017)------Ss. 139(4), 142(1), 144, 145 & 145(1)--Election petition--Notification for returned candidate--Presentation of petition--Rejection of petitioner-Preliminary issue--Question of--Whether election petition was liable to be rejected u/S. 145(1) of Election Act, 2017--Non compliance of--Counsel for Respondent No. 1 submitted that since first deposit was not under prevailing head of account, it was a non-compliance of Section 142(1) of Act, and therefore rejection of petition was mandated by Section 145(1)-Compliance made after expiry of limitation for filing an election petition could not be accepted-- In identical circumstances, objection that a deposit in previous head of account was a non-compliance of Section 142(1) of Act, had been rejected by this Tribunal--The notification declaring Respondent No. 1 as returned candidate was published in official gazette on 15.02.2024--Therefore, period of 45 days for presenting petition was uptill 31.03.2024--The petition was presented well before on 26.03.2024, and affidavit of service filed on 27.03.2024 was also within that period of 45 days--The documents required to be served on respondents under Section 143(3) of Act were only petition and its annexures--However, by implication of contents of affidavit of service provided in 144(2)(c), those documents also include “list of witnesses,…

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