HARI VISHNU KAMATH Vs. GOPAL SWARUP PATHAK

JUDGEMENT

(1.) THE Judgment of the court was delivered by -

(2.) THIS is a petition under Article 71 of the Constitution and Section 14 of the Presidential and Vice-Presidential Elections Act (XXXI of 1952) hereinafter referred to as the Act, praying for a declaration that the election of Shri Gopal Swarup Pathak, respondent, to the office of the VicePresident of India is void.

(3.) IN order to discuss the issues mentioned above it is necessary to set out the relevant statutory provisions. Under Section 4 of the Act the Election Commission by notification appoints for every election : (a) the last date for making nominations, (b) the date for scrutiny of nominations, (c) the last date for the withdrawal of candidatures, and (d) the date on which poll shall, if necessary, be taken. Under Section 5 any person may be nominated as a candidate for election to the office of Vice-President if he is qualified to be elected to that office under the Constitution. Ss. (2) of Section 5 prescribes that each candidate shall be nominated by a nomination paper completed in the prescribed form and subscribed by the candidate himself as assenting to the nomination and by two electors as proposer and seconder.