Bristol Township Election Contest

RUFE, J.,

In this election contest matter petitioner fell four votes short of respondent winner of the Democratic primary for 5th ward commissioner in Bristol Township. Petitioner filed a timely election contest petition and a hearing thereon was fixed. At the hearing, which served also as the return date for the petition, respondent moved to have the petition dismissed for lack of jurisdiction because petitioner failed to post a bond as required by the Election Code. Hence, the sole question presently before the court is whether or not the petition must be dismissed for failure to post a bond.