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1957 Supreme(SC) 107

J. L. KAPUR, S. K. DAS, S. R. DASS, T. L. VENKATARAMA AYYAR, VIVIAN BOSE
N. B. Khare – Appellant
Versus
Election Commission Of India – Respondent


Advocates:
GANPAT RAI, R.V.S.Mani

Judgment

VENKATARAMA AIYAR, J. : This is a petition under Art. 71(1) of the Constitution of India. On May 6, 1957, there was an election to the office of the President and Shri Rajendra Prasad was declared elected. Thereafter Dr. N. B. Khare filed the present petition describing himself as an intending candidate and alleging that there had been violations of the provisions of the Constitution and that the election was in consequence not valid. The prayers in the petition are "that grave doubts that 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. 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. XXXVII-A. Section 14 of Act XXXI of 1952 provides that no election shall be called in question except by an election petition presented to the SC in accordance with the provisions of the Act and of the Rules made by the SC under Art. 145 of the Constitution; and it fur





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