Case Note & Summary
The case involved a petition filed by Dr. N. B. Khare, an intending candidate for the presidential election, challenging the validity of the election held on May 6, 1957, in which Shri Rajendra Prasad was declared elected. The petitioner alleged violations of constitutional provisions and sought to have the election quashed. However, the Registrar of the Supreme Court returned the petition, stating it did not comply with the Presidential and Vice-Presidential Elections Act, 1952, and the Supreme Court Rules. The petitioner contended that the Act and Rules were void as they limited the Supreme Court's jurisdiction under Article 71(1) and that he had a right as a citizen to approach the Court for relief. The Court analyzed the statutory framework, emphasizing that Article 71 merely designated the forum for disputes, while the Act and Rules outlined the procedure for challenging elections. The Court concluded that the petitioner had no rights outside those conferred by the statute and dismissed the appeal, affirming the validity of the Act and Rules governing election petitions.
Headnote
A) Constitutional Law - Presidential Election Validity - Jurisdiction and Procedure - Presidential and Vice-Presidential Elections Act, 1952, Sections 14, 18 - The Supreme Court held that the right to challenge an election is governed by the provisions of the Act and the Rules, and the petitioner must comply with these statutory requirements to file an application for setting aside an election. The petition was dismissed as it did not conform to the necessary legal framework (Paras 1-5).
Issue of Consideration
Whether the petitioner had the right to challenge the presidential election under Article 71 of the Constitution of India.
Final Decision
The Supreme Court dismissed the petition, affirming that the right to challenge an election is governed by the provisions of the Presidential and Vice-Presidential Elections Act, 1952, and the petitioner must comply with the statutory requirements to file an application for setting aside an election.
Law Points
- Presidential election validity
- jurisdiction of Supreme Court
- statutory rights
- election petition procedure
