Haryana Municipal Election Rules, 1978, Rule 77 – Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11 -- Election of Councilor – Challenge to -- Election petition – Non-deposit of fees of Rs.250/- -- Rejection of plaint -- Ld. Trial court allowed the respondent No.1/ plaintiff to deposit the mandatory fee/costs for the purposes of filing of the election petition and application for rejection of plaint dismissed -- Held, there is a provision of depositing two thousand rupees as security u/s 117 of the Act of 1951, similar to the provision of Rule 77 of the Election Rules, 1978 – Supreme Court in Charan Lal Sahu’ case 1973 (2) SCC 530 held that non-deposit of the security along with the election petition as required u/s 117 of the Act of 1951 leaves no option to the Court but to reject it -- Impugned order set aside and the election petition filed by respondent No.1/ plaintiff stands rejected.
