H R VISHWANATH Vs. UNION GOVERNMENT OF INDIA

JUDGEMENT

(1.) PETITIONER, a practising Advocate of this Court has filed this public interest litigation seeking for a direction to the Union of India not to field Sri p. C. Alexander and Sri K. R. Narayanan, for the post of 'president'. He has also sought for a direction to the Union Government for amending Article 54 of the Constitution by providing Judges and Advocates in the electoral college for participation and voting in the presidential elections on par with the Members of Assembly and Members of Parliament.

(2.) HEARD the petitioner, party in person and perused the material on record.

(3.) OUR Constitution provides for a 'president' in terms of Article 52. Article 53 provides that the executive power of the Union shall be vested with the President. Article 54 provides for election of the President by the elected members of an electoral college consisting of both the Members of the Parliament and the elected Members of the Legislative Assemblies of the State. Article 55 provides for manner of election of president. It provides for an election being held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. From a reading of Part V of the Constitution what is clear to us is that no direction as such can be issued in a matter of election to the post of the president by a Court under Article 226 of the Constitution on these pleadings by this Court. It is for the members of the electoral college to elect a president of their choice. The presidential candidate cannot be altered/changed by way of a direction under Article 226 of the Constitution at the instance of the petitioner. To say the least petition is merit-less and is liable to be rejected in the light of the constitutional provision.