Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Presidential and Vice-Presidential Elections Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Election Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Election Laws:Presidential and Vice-Presidential Elections Act, 1952:Section 13(a), 14A, 18(1) and 19-Election of President of India-Challenge-Locus of person whose nomination rejected-Held, such person has no locus to challenge the election because he cannot be regarded as nominated or who can claim to have been duly nominated-Presidential and Vice-Presidential Election Rules, 1974-Representation of Peoples Act, 1951-Section 29A-Constitution of India, 1950-Articles 14, 21,38, 54, 71, 79, 80(1) and 324-Supreme Court Rules, 1966-Order XXXIX.Sections 5B and 5C-Constitutional validity of-Held, the provisions and the procedure prescribed under the Act and the Rules are valid and intra vires the Constitution of India.Practice and Procedure:Filing frivolous petitions on grounds stool concluded earlier-Deprecated-Costs imposed.The nomination of Petitioner for the office of President of India was rejected on the ground of non-compliance of Section 5B of Presidential and Vice-Presidential Elections Act, 1952. He filed writ petition challenging the rejection of his nomination, acceptance of nomination of respondents 1 and 2 and constitutional validity of various provisions of the Act, Presidential and Vice-Presidential Election Rules, 1974 and Section 29A of Representation of Peoples Act, 1951 as violative of Articles 14, 21, 38, 71(1) and (3), 79, 80(1) and 324 of the Constitution of India. High Court dismissed the writ petition. Hence this Special Leave Petition. He also filed Election Petition before this Court on the same grounds.The questions for consideration before this Court was whether the Petitioner has locus standi to file the Election Petition; whether he was duly nominated candidate in accordance with the provisions of Sections 5B and 5C of the Act; whether challenge to the validity of Sections 5B and 5C of the Presidential and Vice-Presidential Act or any other provisions of the Act and Rules was valid; and whether the Special Leave Petition and election petition are maintainable. [23-B,C] |
Judge | Hon'ble Mr. Justice Ashok Bhan |
Neutral Citation | 2002 INSC 529 |
Petitioner | Charan Lal Sahu |
Respondent | Dr Apj Abdul Kalam And Ors |
SCR | [2002] Supp. (5) S.C.R. 13 |
Judgement Date | 2002-12-11 |
Case Number | 1 |
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