Case Note & Summary
The case involved petitions filed by citizens questioning the propriety of holding the Presidential election before the completion of general elections in certain states. The petitioners sought to restrain the Election Commission from conducting the Presidential election scheduled for May 6, 1957, until after the general elections in Himachal Pradesh and Punjab were completed. The Supreme Court, led by Chief Justice Das, examined the jurisdiction conferred by Article 71 of the Constitution, which allows the Court to resolve doubts and disputes related to Presidential elections. The Court held that such jurisdiction could only be exercised after a candidate had been declared elected, as per the provisions of the Presidential and Vice-Presidential Election Act, 1952. The Court emphasized that the term 'election' in Article 71 encompasses the entire election process, concluding that the petitions were premature and could not be entertained at that stage. The Court dismissed the petitions, reinforcing the principle that elections should not be delayed for individual grievances, thereby upholding the mandatory timeline for Presidential elections as stipulated in Article 62 of the Constitution.
Headnote
A) Constitutional Law - Jurisdiction of Supreme Court - Timing of Inquiry - Article 71, Constitution of India - The Supreme Court's jurisdiction to inquire into election disputes arises only after a candidate is declared elected, not before. The petitions were dismissed as premature since the election process was not yet completed (Paras 1-2).
Issue of Consideration
Whether the Supreme Court can intervene in the Presidential election process before the election is completed.
Final Decision
The Supreme Court dismissed the petitions as premature, holding that the jurisdiction to inquire into election disputes arises only after the election process is completed, as per Article 71 of the Constitution.
Law Points
- Election law
- Jurisdiction of Supreme Court
- Presidential election
- Article 71
- Article 62
- Presidential and Vice-Presidential Election Act
- 1952
Case Details
Petitions No. 63 and 64 of 1957
S. R. Das, Bhagwati, Jafer Imam, S. K. Das, J. L. Kapur, Gajendragadkar, A. K. Sarkar
R. V. S. Mani, R. Patnaik, M. C. Setalvad, G. N. Joshi, Porus A. Mehta, R. H. Dhebar
The Election Commission of India
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Nature of Litigation
Petitions challenging the timing of the Presidential election.
Remedy Sought
Petitioners sought to restrain the Election Commission from conducting the Presidential election until general elections were completed.
Filing Reason
Petitioners alleged that holding the Presidential election before the completion of general elections was improper.
Issues
Whether the Supreme Court can intervene in the Presidential election process before the election is completed.
Whether the petitions were premature.
Submissions/Arguments
Petitioners argued that the election should be postponed until after the general elections.
Respondents contended that the Supreme Court's jurisdiction arises only after a candidate is declared elected.
Ratio Decidendi
The Supreme Court clarified that its jurisdiction under Article 71 to resolve election disputes is only applicable after the election process is completed, emphasizing the mandatory timeline for Presidential elections.
Judgment Excerpts
Held, that the present petitions were premature and must be dismissed.
The jurisdiction and power conferred on the Supreme Court by Art. 71(1) of the Constitution to inquire into and decide doubts and disputes arising out of and in connection with the election of the President can be exercised only after a particular candidate has been declared elected.
Procedural History
Petitions filed under Article 71(1) of the Constitution of India for clarification of doubts in connection with the election of the President. The first petition was presented on April 26, 1957, and the second on April 29, 1957.
Acts & Sections
- Constitution of India: Article 71, Article 62, Article 54, Article 324, Article 327, Article 329
- Presidential and Vice-Presidential Election Act, 1952: Section 14, Section 18
- Representation of the People Act, 1951: Section 73, Section 80
