Judgement

WANCHOO, CJI.: The presidential election in India was held in May 1967. In that election, 17 candidates were nominated. The result of the election was declared on May 9. 1967, and Dr. Zakir Husain was declared elected. The present petition is against the election of Dr. Zakir Husain as President and has been filed under Article 71 of the Constitution read with the Presidential and Vice-Presidential Elections Act No. 31, 1952 (hereinafter referred to as the Act) by 13 members of Parliament. The attack on the validity of the election of Dr. Zakir Husain has been made on two grounds. The first around is that no oath was taken by Dr. Zakir Husain before his nomination as required by Article 84 read with Article 58 of the Constitution. In consequence he was not eligible for election as President and his election is liable to be set aside. Curiously enough, however, the petitioners pray for a declaration that Sri Subba Rao, who received the second highest number of votes should be declared elected, though he (like Dr. Zakir Husain) also did not take the oath before his nomination.

2. The second ground on which the election of Dr. Zakir Husain is challenged is that the result of t