Judgment

ORDER:- Our brother Beg J., sitting Chambers has referred this Election Petition for preliminary hearing as to whether the petitioner has locus standi and whether he can proceed further with the petition. The question before us, therefore, is whether the petitioner is a "candidate" as defined in Section 13 (a) for the petition would be maintainable by him only if he is "Candidate" as defined in Section 13 (a). The Petitioner claims to have been duly nominated as a candidate and we have therefore to determine whether his claim is well-founded. 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. These sections read as follows:

"5B (1) On or before the date appointed under clause (a) of sub-section (1) of Section 4, each candidate shall, either in person or by any of his proposers or seconders, between the hours of eleven o clock in the forenoon and three o clock in the afternoon deliver to the Returning 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.

(2) Each nomination paper shall be accompanied by a certified copy of the entry relating to the candidate in the electoral roll for the parliamentary Constituency in which the candidate is registered as an elector.

(3) The Returning Officer shall not accept any nomination paper which is presented on any day before eleven o clock in the forenoon and after three o clock in the afternoon.

(4) Any nomination paper which is not received before three O clock in the after-noon on the last date appointed under clause (a) of sub-section (1) of Section 4 or to which the certified copy referred to in sub-section (2) of this section is not attached shall be rejected and a brief note relating to such rejection shall be recorded on the nomination paper itself.

(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.

(6) Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper for the same election:

Provided that not more than four nomination papers shall be presented by or on behalf of any candidate or accepted by the Returning Officer.

5C (1) A candidate shall not be deemed to be duly nominated for election unless he deposits or causes to be deposited a sum of two thousand five hundred rupees: Provided that where a candidate has been nominated by more than one nomination paper for the same election, not more than one deposit shall be required of him under this sub-section.

(2) The sum required to be deposited under sub-section (1) shall not be deemed to have been deposited under that sub-section unless at the time of presentation of the nomination paper under sub-section (1) of section 5B, the candidate has either deposited or caused to be deposited that sum with the Returning Officer in cash or enclosed with the nomination paper a receipt showing that the said sum has been deposited by him or on his behalf in the Reserve Bank of India or in a "Government Treasury."

We need concern ourselves only with section 5C for the disposal of this point. It is clear on the petitioner s own submission that he sent a cheque for Rs. 2500/- to the Returning Officer on 19-7-74 along with his nomination paper. The last date for filing nominat