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. The Supreme Court Registrar returned the petition for non-compliance 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. The court analyzed whether the petition fell within the purview of the Act and concluded that any challenge to an election must adhere to the statutory framework established by the Act. The court emphasized that the right to file an election petition is not a common law right but one conferred by statute, thus rejecting the petitioner's claims. The appeal was dismissed, affirming the validity of the Act and the Rules (Paras 1-10).
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 Rules, and the petitioner must comply with these statutory requirements to file a valid petition. The court found that the petitioner's claims did not meet the necessary criteria set forth in the Act, leading to the dismissal of the appeal (Paras 1-10).
Issue of Consideration
Whether the petitioner had the right to challenge the presidential election under Article 71 of the Constitution and the validity of the relevant Act and Rules.
Final Decision
The Supreme Court dismissed the appeal, affirming that the petitioner had no right to challenge the election except in accordance with the provisions of the Presidential and Vice-Presidential Elections Act, 1952.
Law Points
- Presidential election validity
- jurisdiction of Supreme Court
- statutory provisions
- election petition requirements
