CHARAN LAL SAHU Vs. K R NARAYANAN

JUDGEMENT

(1.) This election petition has been filed jointly by two petitioners, namely, Charan Lal Sahu and Mithelesh Kumar. They have challenged the election of respondent No. 1 to the office of the President of India in the election that was held for the said Office in pursuance of the notification dated June 9, 1997 published by the Returning Officer, Shri S. Gopalan, Secretary General, Lok Sabha. The said election was conducted under the provisions of the Presidential and Vice-Presidential Election Act, 1952 (hereinafter referred to as the Act).

(2.) Part II of the Act (Sections 3 to 12) contains provisions relating to conduct of Presidential and Vice-Presidential elections. Section 3 provides for appointment of the Returning Officer and the Assistant Returning Officer/Officers by the Election Commission. Section 4(1) of the Act makes provision for issuance of a notification by the Election Commission prescribing the last date for making nominations, the date for the scrutiny of nominations, the last date for the withdrawal of candidatures, the date on which a poll shall, if necessary, be taken. Section 5 provides for giving of a public notice of election by the Returning Officer after the issuance of the notification under sub-section (1) of Section 4. Section 5A prescribes that any person may be nominated as a candidate for election to the office of President or Vice-President if he is qualified to be elected to that office under the Constitution. Section 5B provides for presentation of nomination papers and lays down the requirements for a valid nomination. Sub-section (1) of Section 5B requires that the nomination paper completed in the prescribed form must be subscribed by the candidate as assenting to the nomination. In Clause (a) of sub-section (1), as it stood prior to June 5, 1997, it was further prescribed that in the case of Presidential Election, the nomination papers shall also be subscribed by at least ten electors as proposers and at least ten electors as seconders. Sub-section (2) of Section 5B lays down that each nomination paper shall be accompanied by a certified copy of the entry relating to the candidate in the electoral roll for the parliamentary constituency in which the candidate is registered as an elector. A nomination paper to which such certified copy is not attached is required to be rejected under sub-section (4) of Section 5B. Section 5C, prior to June 5, 1997, prescribed that a candidate shall not be deemed to be duly nominated for election unless he deposits or causes to be deposited a sum of two thousand five hundred rupees. Section 5E makes provision for scrutiny of nominations and under sub-section (3) a nomination paper can be rejected by the Returning Officer on the grounds (a) to (e) of that sub-section. Ground (c) provides for rejection of a nomination paper on the ground that it is not subscribed by the required number of proposers or seconders and ground (e) provides for rejection on the ground that there has been a failure to comply with any of the provisions of Section 5B or Section 5C. Section 6 deals with withdrawal of candidature. Section 8 lays down the procedure in contested and uncontested elections. Section 9 provides for manner of voting at elections and Section 10 deals with counting of votes. Section 11 provides for declaration of result after the counting of votes has been completed.

(3.) Part III of the Act (Sections 13 to 20) contains provisions relating to Disputes regarding elections. Sub-section (1) of Section 14 prescribes that no election shall be called in question excepting by presenting an election petition and under sub-section (2) this Court has been specified as the authority which shall have jurisdiction to try an election petition. Sub-section (1) of Section 14A lays down that an election petition can either be presented by any candidate at such election or, in the case of Presidential election, by twenty or more electors joined together as petitioner. The expression "candidate" is defined in clause (a) of Section 13 to mean a person who has been or claims to have been duly nominated as a candidate at an election. Section 18 prescribes the grounds on which the election of a returned candidate can be declared to be void.