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Madan Lal 'Dhartipakar' Vs. Shri Neelam Sanjeeva Reddy and Ors. (09.03.1978 - SC) - Court Judgment

LegalCrystal Citation
SubjectElection
CourtSupreme Court of India
Decided On
Case NumberElection Petition No. 2 of 1977
Judge
Reported inAIR1978SC802; (1978)2SCC348; [1978]3SCR465; 1978(10)LC275(SC)
ActsPresidential and Vice-Presidential Elections (Amendment) Act, 1977 - Sections 13; Presidential and Vice-Presidential Elections Act, 1952 - Sections 5B(1) and 13
AppellantMadan Lal 'Dhartipakar'
RespondentShri Neelam Sanjeeva Reddy and Ors.
Excerpt:
election - validity of election - sections 5b (1) and 13 of presidential and vice-presidential elections act, 1952 and section 13 of presidential and vice-presidential elections (amendment) act, 1977 - petitioner's nomination paper rejected due to want of requisite mentioned in section 5b (1) of 1952 act - petitioner gave detailed reason for non-compliance of said section and sought adjournment - adjournment declined - held, in absence of compliance with section 5b (1) petitioner could not be considered to be duly nominated candidate within meaning of 1977 act thus he had no locus standi to maintain petition. - section 13=b: [dr. arijit pasayat & asok kumar ganguly,jj] divorce by mutual consent -various disputes relating to matrimonial discord pending in courts - parties arrived at..........is a petition filed by shri madan lal 'dharti-pakar' on august 19, 1977 under the presidential and vice-presidential election act, challenging the election of shri neelam sanjeeva reddy as president of india at the presidential election held on july 19, 1977.2. the petitioner filed a nomination paper on july 5, 1977 but that nomination paper was rejected by the returning officer because- as he admits-it was not subscribed by any elector as proposer or as seconder. he had thus admittedly not complied with the requirements of section 5b(1) of the act. the petitioner has, however, detailed reasons why he could not find any elector to propose or second his nomination papers.3. when the case came up before us today, the petitioner requested that the hearing of the petition be postponed till.....
Judgment:

1. This is a petition filed by Shri Madan Lal 'Dharti-pakar' on August 19, 1977 under the Presidential and Vice-Presidential Election Act, challenging the election of Shri Neelam Sanjeeva Reddy as President of India at the Presidential Election held on July 19, 1977.

2. The petitioner filed a nomination paper on July 5, 1977 but that nomination paper was rejected by the Returning Officer because- as he admits-it was not subscribed by any elector as proposer or as seconder. He had thus admittedly not complied with the requirements of Section 5B(1) of the Act. The petitioner has, however, detailed reasons why he could not find any elector to propose or second his nomination papers.

3. When the case came up before us today, the petitioner requested that the hearing of the Petition be postponed till after the coming Summer Vacation. We explained to him that we did not see any sufficient reason to accede to his request. The adjournment was declined.

4. The petitioner then argued at length urging that the petition should be referred to a larger Bench for decision. We have fully heard and considered all that he had to say in this connection, and we are not persuaded to accede to his request.

5. Since there was no compliance with the requirements of Section 5B(1) of the Act (No. 31 of 1952), the petitioner was not a duly nominated 'candidate' within the meaning of Section 13(a) of the Presidential and Vice Presidential Elections (Amendment) Act, 1977, and, as such, has no locus standi to maintain this petition; (vide Election Petition No. 1 of 1974 decided by this Court on October 14, 1974).

6. Accordingly we dismiss the petition, but without any order as to costs.


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