IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** FAO No.5653 of 2009 DATE OF DECISION: 16.09.2010 **** Nathu Singh and another . . . . Appellants Vs. Amarjeet Kaur and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: - Mr.Ashok Aggarwal, Sr. Advocate with Mr.Mukul Aggarwal, Advocate for the appellants. None for the respondents. **** RAKESH KUMAR JAIN J. (ORAL) This appeal is directed against order dated 30.9.2009 passed by the SDM-cum-Election Tribunal, Zira (for short ‘the Tribunal) by which election petition filed by the appellants was dismissed. The learned Tribunal had dismissed the election petition, namely, on three grounds (i) that election petition was barred by limitation as it was filed after a delay of 11 months, whereas period of limitation is 45 days in view of Section 76(1) of the Punjab State Election Commission Act, 1994 (for short ‘the Act’); (ii) the security fee, which is required to be deposited under Section 103 of the Act, was deposited late; (iii) copies supplied to the other side were not verified in terms of Section 76(2) of the Act. Although, learned senior counsel appearing for the appellants has argued with vehemence that impugned order deserves to be set aside but no fault could be found with the evidence recorded by the Tribunal because Section 80 of the Act provides that if there is violation of Sections 76, 77 and 103 of the Act, there is no alternative left with the Tribunal but to dismiss the election petition. In view thereof, I do not find any merit in the present appeal and as such the same is hereby dismissed. No costs. (RAKESH KUMAR JAIN) SEPTEMBER 16, 2010 JUDGE Vivek