Court : Supreme Court of India
Reported in : AIR1987SC2371; JT1987(4)SC111; 1987(2)SCALE780; 1987(Supp)SCC692; [1988]1SCR525
..... the above petition is filed by the petitioner, shri mithilesh kumar under the provisions of the presidential and vice-presidential elections act, 1952 (act no. ..... the word 'connivance' in section 18(1)(a), of the act was substituted later on by parliament when the former part iii of the act was substituted by' the present part iii of the act by the presidential and the vice-presidential elections (amendment) act, 1977 to bring it in line with the provisions of section 123(1) and (2) of the representation of the people act, 1951, which contain the grounds of bribery and undue influence which would vitiate the election to either house of parliament or to the house or houses of the state legislatures as the case ..... part ii of the act contains the provisions relating to the conduct of presidential and vice-presidential elections and part iii of the act sets out the provisions relating to the settlement of disputes regarding elections to the offices of the president and the vice-president of india. ..... this sub-section was amended by section 7 of the presidential and vice-presidential elections (amendment) act 5 of 1974, which came into force on march 23, 1974. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1988All30
..... the presidential and v ice-presidential elections act, 1952 provides for the presentation of the election petition by a candidate at the election. ..... presidential and vice-presidential elections act, 1952 lays down that an election petition can be filed challenging the election of the president.6. ..... the election commissioner appointed the date under section 4 of the presidential and vice-presidential election act, 1952 for the election. ..... is lawless fiat and has no right to exercise the right of franchise in presidential election, (b) current members of parliament have no constitutional sanction to cast vote in presidential election. ..... and also of the members of the legislative assembly of that state cast at the presidential election which took place on the 13th july, 1987. ..... in re presidential election, air 1974 sc 1682 supreme court held: --'the election to the office of the president must be held before expiration of the term of the president notwithstanding the fact that at the time of such election..... ..... state assembly were illegal, they do not have a right to cast vote at the presidential election. ..... 'article 71 provides that if there is any dispute or doubt with regard to the election, the same shall be enquired into and decided by the supreme court whose decision shall be final. ..... after notification, nominations were filed and elections took place in accordance with s. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC1506; JT1997(9)SC253; 1997(7)SCALE124; (1998)1SCC56; [1997]Supp5SCR316; 1998(1)LC178(SC)
..... election was conducted under the provisions of the presidential and vice-presidential elections act, 1952 [hereinafter referred to as the act.]2 ..... the ordinance was replaced by the presidential and vice-presidential elections amendment act, 1997 [act 35 of 1997], hereinafter referred to as 'the amendment act', which was enacted by parliament on august ..... of the act (sections 3 to 12) contains provisions relating to conduct of presidential and vice-presidential elections. ..... 'the word 'candidate' is defined in section 13(a) of the act as under:-'(a) 'candidate' means a person who has been or claims to have been duly nominated as a candidate at an election;' the word 'elector' is defined in section 2(d) of the act in these terms:'(d) 'elector', in relation to a presidential election, means a member of the electoral college referred to in article 54, and in relation to a vice-presidential election, means a member of the electoral college referred to in article ..... been urged that the requirement that the nomination paper for the presidential election should be subscribed by ten electors as proposers and ten electors as seconders contained in section 5b(1)(a), as it stood prior to the amendment introduced in the said provision by the ordinance and the amendment act and the requirement introduced in the said provision by the ordinance and the amendment act that the nomination paper should be subscribed by fifty electors as proposers and fifty electors as seconders, is unconstitutional and void. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC1288; (1975)4SCC832
..... his nomination was rejected on the ground of non-compliance with sections 5b and 5c introduced in the presidential and vice-presidential elections act 1952 by an amendment made by act 5 of 1974. ..... officer at the place specified in this behalf in the public notice issued under section 5 a nomination paper completed in the prescribed form and subscribed by the candidate as assenting to the nomination, and(a) in the case of presidential election, also by at least ten electors as proposers and at least ten electors as seconders: (b) in the case of vice-presidential election also by at least five electors as proposers and at least five electors as seconders, provided that no nomination paper shall be presented to the returning officer on a day which is a public holiday ..... (5) no elector shall subscribe, whether as proposer or as seconder, more than one nomination paper at the same election and, if he does, his signature shall be inoperative on any paper other than the one first delivered. ..... clause (3) of article 71 says that subject to the provisions of this constitution parliament may by law regulate any matter relating to or connected with the election of a president or vice-president and article 246(1) read with item 72 of list 1 of the seventh schedule confers power on parliament to make law with respect to elections to parliament to the legislatures of states and to the offices of president and vice-president; the election commission. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC548; 2003(2)ALT9(SC); 101(2002)DLT420(SC); (2003)1SCC609; [2002]SUPP5SCR13
..... the said election was conducted under the provisions of presidential and vice-presidential elections act, 1952 (hereinafter referred to as 'the act'), and the presidential and vice-presidential election rules, 1974 (hereinafter referred to as 'the rules').4. ..... to carry out the purpose of article 71(3) of the constitution of india the presidential and vice-presidential election act, 1952 was enacted by parliament. ..... the points which arise for consideration before us are:(1) does the petitioner have a locus standi to maintain his election petition, or in other words, is he duly nominated candidate in accordance with provisions of sections 5b and 5c of the presidential and vice presidential elections act? ..... of the provisions of section 5b of the act which provides that each candidate shall:'...deliver to the returning officer at the placed specified in this benefit in the public notice issued under section 5 a nomination paper completed in the prescribed form and subscribed by the candidate as assenting to the nomination, and (a) in the case of presidential election, also by at least fifty electors as proposers and at least fifty electors as seconders;(b) in the case of vice-presidential election, also by at least twenty electors as proposers and at least twenty electors as seconders .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC1462; JT1997(9)SC252; (1997)8SCC766; [1997]Supp5SCR335
..... the petition is thus confined to the challenge to the validity of the provisions of sections 5b and 5c of the presidential and vice-presidential elections act, 1952 [hereinafter referred to as 'the act] as amended by presidential and vice-presidential elections [amendment] ordinance, 1997 [no. ..... the ordinance has been replaced by the presidential and vice-presidential elections [amendment] act, 1997 [act 35 of 1997]. ..... the course of his submissions before the court it was pointed out to the petitioner that such a composite petition is not maintainable and that the petitioner could choose to have the petition treated as an election petition or a writ petition under article 32 of the constitution. ..... insofar as the challenge to the validity of sections 5b and 5c, as amended by act 5 of 1974 and as they stood prior to the promulgation of ordinance of 1997, has been upheld by a 7-judges bench of this court in charan lal sahu ..... petitioner submitted that the petition be treated as a writ petition and that the reliefs sought by him regarding setting aside of the election of respondent no. ..... has been described as election petition-cum-writ petition. ..... per the said statement of the petitioner this petition has been treated as a writ petition filed under article 32 of the constitution and reliefs (a), (d) and (h) have been deleted. ..... 293/ 97 and 322/97 which have been dismissed by orders dated june 19, 1997 and july 11, 1997 ..... is thus no merit in this writ petition and it is accordingly dismissed. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1993(4)SC163; 1993(3)SCALE85; 1993Supp(3)SCC607; [1993]Supp1SCR245
..... the election of the returned candidate is challenged by the petitioner on two grounds, namely, (i) wrong acceptance of the nomination of the returned candidate, a ground under section 18(1)(c) of the presidential and vice-presidential elections act, 1952 (called the act); and (ii) commission of the offence of undue influence at the election, a ground under section 18(1)(a) of the act, by issuance of a whip by the congress (i) party to vote for the respondent at the election. ..... these provisions have to be read along with rule 4 of the presidential and vice-presidential election rules, 1974 (called 'the rules') and form 3 therein which prescribes the form of the nomination paper for election to the office of the vice-president of india. ..... officer at the place specified in this behalf in the public notice issued under section 5 a nomination paper completed in the prescribed form and subscribed by the candidate as assenting to the nomination, and(a) in the case of presidential election, also by at least ten electors as proposers and at least ten electors as seconders; (b) in the case of vice-presidential election, also by at least five electors as proposers and at least five electors as seconders:provided that no nomination paper shall be presented to the returning officer on a day which is a public holiday .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC694; [1957]1SCR1081
..... has enacted the presidential and vice-presidential election act, 1952 (xxxi of 1952) to regulate certain matters relating to or connected with elections to the office of president and vice-president of india ..... 4 of the presidential and vice-presidential election act, 1952 (xxxi of 1952), the election commission issued a notification in the official gazette appointing april 16, 1957, as the last date for making nominations, april 17, 1957, as the date for the scrutiny of the nominations, april 20, 1957, as the last date for the withdrawal of candidatures, may 6, 1957, as the polling date and may 10, 1957, as the date for the counting of the votes and the declaration of ..... 18 of the presidential and vice-presidential election act, 1952, for calling the election in question as to which we need formulate no final opinion at this ..... the presidential and vice-presidential election act, 1952. ..... is apparent from the presidential and vice-presidential election act, 1952. ..... through the provisions of this act will indicate that in the view of parliament the time for the exercise of jurisdiction by this court to inquire into and decide doubts and disputes arising out of or in connection with the presidential election is after the entire election process is completed. ..... the petition as a citizen of india and as a prospective member of lok sabha and contends that if the presidential election is held on may 6, 1957, he will be deprived of his right to vote for the election of the president of the union. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC139; [1958]1SCR648
..... the registrar of this court returned the petition as not being in conformity with the provisions of the presidential and vice-presidential elections act, 1952 (xxxi of 1952), and as not satisfying the requirements of the rules of this court contained in o. ..... prayers in the petition are 'that grave doubts the exist in connection with the presidential election be enquired into, resolved and decided' and 'the entire proceedings of the presidential election be quashed as void'. 2. ..... it is parliament that is authorised to make law for regulating any matter relating to or connected with the election of the president or vice-president, and act xxxi of 1952 has been passed by parliament in accordance with this provision. ..... section 14 of act xxxi of 1952 provides that no election shall be called in question except by an election petition presented to the supreme court in accordance with the provisions of the act and of the rules made by the supreme court under ..... substance the petition is one calling the election in question and it must satisfy the requirements of act xxxi of 1952 and of the rules in o. ..... is argued that the supreme court is invested with jurisdiction to enquire into and decide all doubts and disputes arising out of or in connection with the election of the president, that act xxxi of 1952 and o. ..... right of a person to file an application for setting aside an election must be determined by the statute which gives it, and that statute is act xxxi of 1952 passed under art. 71(3). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1974)2SCC33; [1975]1SCR504
..... the interveners suggested that section 7 of the presidential and vice-presidential elections act, 1952 hereinafter referred to as the 1952 act shows that an election to fill the vacancy in the office of the president may not be completed before the expiration of the term. ..... the election to fill the vacancy in the office of the president is to be held and completed having regard to articles 62(1), 54, 55 and the presidential and vice-presidential elections act, 1952.6. ..... section 7 of the 1952 act states that if a candidate whose nomination has been made and is found to be in order on scrutiny, dies after the time fixed for nomination and a report of his death is received by the returning officer before the commencement of the poll, the returning officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and report the fact to the election commission, and all proceedings with reference to the election shall be commenced a new ..... section 4(3) of the 1952 act states that in the case of an election to fill a vacancy caused by the expiration of the term of office of the president or vice-president, the notification under sub-section (1) shall be issued on, or as soon as conveniently may be after, the sixtieth day before the expiration of the term of office of the outgoing president or vice-president, its the case may be, and the dates shall be so appointed under the said sub-section that the election will be completed at such .....
Tag this Judgment!