JUDGMENT

S.C. Agrawal, J.-This election petition has been filed jointly by two petitioners, namely, Charan Lal Sahu and Mithelesh Kumar. They have challenged the election of respondent No. 1 to the office of the President of India in the election that was held for the said Office in pursuance of the notification dated June 9, 1997 published by the Returning Officer, Shri S. Gopalan, Secretary General, Lok Sabha. The said election was conducted under the provisions of the Presidential and Vice-Presidential Act, 1952 (hereinafter referred to as the Act ).

2. Part II of the Act (Sections 3 to 12) contains provisions relating to conduct of Presidential and Vice-Presidential elections. Section 3 provides for appointment of the Returning Officer and the Assistant Returning Officer/Officers by the Election Commission. Section 4(1) of the Act makes provision for issuance of a notification by the Election Commission prescribing the last date for making nominations, the date for the scrutiny of nominations, the last date for the withdrawal of candidatures, the date on which a poll shall, it necessary, be taken. Section 5 provides for giving of a public notice of election by the Returning Offi