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Issues:
1. Dismissal of election petition for failure to deposit security under Section 117 of the Representation of the People Act, 1951. 2. Interpretation of the mandatory nature of Section 117 requirements. 3. Application of statutory provisions in election disputes. 4. Comparison with past judgments on the mandatory nature of security deposit. 5. Examination of the trial commencement in relation to the dismissal of the petition. 6. Discretionary powers of the Court in election petition matters. Analysis: 1. The appeal challenged the High Court's dismissal of the election petition due to the appellant's failure to deposit the required security of Rs. 2000 under Section 117 of the Act. The appellant argued that the provision was directory, not mandatory, and that the trial had not yet commenced. However, the High Court deemed the security deposit mandatory at the petition's filing stage, with no discretion to reduce or waive the amount. The Court upheld the High Court's decision, emphasizing the necessity of complying with statutory requirements. 2. The appellant contended that the trial should only commence after issuing notices to respondents, citing the repealed Section 85 of the Act. The Court clarified that under the pre-amendment Act, compliance with Sections 81, 83, and 117 was necessary before the trial by the Election Tribunal. The post-amendment jurisdiction shift to High Courts did not alter the significance of complying with statutory provisions before trial initiation. 3. The judgment highlighted that the right to challenge an election is a statutory provision under Article 329(b) of the Constitution, necessitating adherence to statutory terms without room for common law or equitable considerations. The Court emphasized that election rights are subject to statutory limitations and must be exercised within the framework provided by election laws. 4. Past judgments, such as K. Kamaraja Nadar and Lalaram cases, were analyzed regarding the mandatory nature of security deposit requirements under Section 117. The Court differentiated cases where defects in deposit were curable from instances of outright non-compliance, affirming the necessity of strict adherence to statutory provisions. 5. Regarding the commencement of trial and notice issuance, the Court clarified that the trial encompassed various procedural steps beyond mere notice issuance, as outlined in amended Section 86. The marginal note of Section 86 did not restrict the Court's power to dismiss a petition for non-compliance before formal trial commencement. 6. Ultimately, the Court concluded that non-depositing the security as mandated under Section 117 left no alternative but to reject the petition. The appeal was dismissed, reinforcing the importance of strict compliance with statutory requirements in election disputes.
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