CHARAN LAL SAHU Vs. ELECTION COMMISSIONER OF INDIA

JUDGEMENT

(1.) The matter was heard at length on 12.07.2002. While arguing the matter, Mr. Sahu, the petitioner, not only prayed for issuance of a Rule, but also prayed for stay. We heard the petitioner in person and the learned Additional Solicitor General Mr. K.K. Sud at great length. Having heard the parties, we had dismissed the writ petition directing that the reasons therefor would follow. We are, therefore, setting forth our reasons for dismissing the writ petition of the petitioner.

(2.) The petitioner is an Advocate. He for contesting the ensuing election of the President of India ( hereinafter for the sake of brevity referred to as, 'the President' ) filed his nomination papers. The same was rejected. He has field this application inter alia on the ground that the provisions of Article 71(3) of the Constitution of India (hereinafter for the sake of brevity referred to as, 'the Constitution' ) as also Sections 5B and 5C of the Presidential and Vice-Presidential Election Act, 1951 (hereinafter for the sake of brevity referred to as, 'the said Act') are ultra vires the Constitution.

(3.) In this writ petition, the petitioner has prayed for the following reliefs :-