M S BORAIAH Vs. SUDARSHAN AGARWAL

JUDGEMENT

(1.) The term of the present President of India is due to expire on 24-7-1982.

(2.) Article 62(1) of the Constitution enjoins that an election to fill a vacancy of the outgoing President of India should be completed before the expiration of his term.

(3.) In accordance with the provisions of the Presidential Elections Act (Central Act XXXI of 1952) (hereinafter referred to as the Act,) the Election Commission of India (herein-after referred to as the Commission) by its notification No.479/82 dated 9-6-1982 (published in the Extraordinary Karnataka Gazette of 9th June, 1982) has published the calendar of events to fill that post before 24-7-1982 by appointing the following dates for the completion of elections : "(a) 23-6-1982 (Wednesday) as the last date for making nominations : (b) 24-6-1962 (Thursday) as the date for the Scrutiny of nominations; (c) 26-6-1982 (Saturday) as the last date for the withdrawal of candidatures. and (d) 12-7-1982 (Monday) as the date on which a poll shall, if necessary be taken". In response to the said notification, the petitioner who is an Advocate of this Court, Presented his nomination paper on 23-6-1982 before the returning of officer-respondent No.1 - whose office is situated at Delhi with the necessary deposit of Rs.2,500/-. On the same day Respondent No.1 rejected the nomination paper of the petitioner (Annexure-A) and on the next day has accepted the nomination papers of respondents 3 and 4. In this view the poll is to take place on 12-7-1982.