PETER SAMUEL WALLACE Vs. UNION OF INDIA

JUDGEMENT

(1.) After the Election Commissioner had issued the notification under sub-section (1) of section 4 of. the Presidential and Vice-Presidential Elections Act, 1952 (hereafter called the Act) on July 16, 1974 giving a public notice under section 5 of the Act as amended by Act 5 of 1974 inviting nominations of candidates for the election of the President and specifying the last date for filing the nominations to be July 30, 1974 and the date of election to be August 17, 1974, the present writ petition was filed in this Court on July 29, 1974, one day before the expiry of the period fixed for filing the nominations. The petitioner Shri Peter Samuel Wallace stated that he had wanted to contest the Presidential election and was ,a prospective candidate. He did not make any pleading as to why he did not file a nomination of his candidature within time. He referred, however, to sections 5B and 5C of the Act as amended in 1974 whereby it was necessary that the presentation of the nomination paper of a candidate for the election shall be accompanied by at least ten electors as proposers and at least ten electors as seconders. It was also necessary thereunder that the candidate should deposit the sum of Rs. 2500.00 along with the nomination paper. He contended that these requirements were contrary to the provisions of Article 58 of the Constitution which made a person eligible for election as a President if he is a citizen of India, he has completed the age of thirty-five years and is qualified for election as a member of the House of the People and, therefore, unconstitutional. The petitioner did not, however, contend that the requirement of a candidate filing a nomination paper was itself unconstitutional. He did not also explain why the petitioner did not file the nomination paper without being proposed by ten electors and being seconded by another ten electors and without the deposit of Rs. 2500.00 if he believed that under the Constitution he was entitled to do so. He challenged the validity of the proposed election on other grounds to which no reference is necessary.

(2.) The principal relief claimed by him was that the election scheduled to be held on August 17, 1974 should be prohibited and incidentally the Constitution (Eleventh Amendment) 1961 should be declared ultra vires of the Constitution and sections 5B and 5C of the Act should be declared as unconstitutional.

(3.) Notices to show cause why the writ petition should not be admitted were issued to the Union of India, the Election Commission and the Returning Officer. Notice was also issued to the AttorneyGeneral in view of the allegations of unconstitutionality of the Eleventh Amendment of the Constitution and certain provisions of the Act. The respondents entered appearance through Shri F. S. Nariman, Addl. Solicitor General and Shri S. S. Chadha and a preliminary written statement on behalf of the Chief Election Commissioner was filed.