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Issues: Whether an election petition challenging a municipal election was liable to be rejected for non-compliance with the requirement that it be accompanied by a treasury challan of Rs. 1,000 under the Rajasthan Municipalities Election Petition Rules, 2009, and whether subsequent deposit or procedural compliance could cure the defect.
Analysis: The Rules required the election petition to be accompanied by a treasury challan of the prescribed amount, and the Judge was mandated to dismiss a petition not complying with the Rules. The expression used in the Rule was "accompanied", which connotes that the petition and the challan must go together at the time of presentation. The Court distinguished authorities where defects in the mode of deposit, verification, or copies were treated as curable or subject to substantial compliance, holding that those principles do not apply where the petition is presented without the required treasury challan. The Court treated the defect as one of non-compliance with a mandatory precondition to the presentation of the election petition, and not as a mere irregularity in the mode of deposit. The subsequent deposit within limitation did not validate a petition that was invalid at the threshold.
Conclusion: The requirement to accompany the election petition with the treasury challan was mandatory, the defect was not curable by later deposit, and the election petition was liable to be rejected.
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