JUDGMENT

CHANDRACHUD, CJI.:— Respondent I, Shri N. G. Ranga, was declared elected to the Lok Sabha on April 28, 1967 in a bye-election from Srikakulam Constituency, defeating respondent 3, Shri B. Rajagopalarao. The Election Commission of India, the appellant herein, called upon respondent 1 by a notice dated July, 7, 1967 to show cause why he should not be disqualified for failure to lodge the account of his election expenses within the time and in the manner required by law. Accepting the explanation submitted by Respondent 1, the appellant condoned the delay caused in submitting the account of election expenses and sent a communication dated Aug. 16, 1967 informing respondent 1 that it was decided not to take any further action in the matter.

2. Respondent 2, who is a voter in the Srikakulam Constituency, thereafter submitted a petition to the President of India under Arts. 84, 101, 102, 103 and 104 of the Constitution alleging that respondent 1, who was a sitting member of the Lok Sabha, had become subject to the disqualifications mentioned in Article 102 (1). The President, exercising his powers under Art. 103 (2) of the Constitution, sought the opinion of the appellant by an o