JUDGMENT

VERMA, J.:—Both these election petitions filed under Section 14 of the Presidential and Vice-Presidential Elections Act, 1952 (hereinafter referred to asthe Act) challenge the election of Dr. Shanker Dayal Sharma, as the ninth President of India. On scrutiny of nomination papers made on June 25, 1992 by the Returning Officer, the nomination papers of only four persons, namely, Dr. Shanker Dayal Sharma, Prof. G. G. Swell, Shri Ram Jethmalani and Kaka Joginder Singh alias Dharati Pakad, were found valid and accordingly accepted. Polling was held on July 13, 1992 and result of the election was declared on July 16, 1992 at which Dr. Shanker Dayal Sharma was declared elected; and he was sworn in as the ninth President of India on July 25, 1992. Mithilesh Kumar Sinha, petitioner in Election Petition No. 1 of 1992, had filed his nomination paper at the election, but the same was rejected by the Returning Officer on the date of scrutiny due to non-compliance of the mandatory requirements for a valid nomination.

2. In both these election petitions certain preliminary objections raised on behalf of the returned candidate, Dr. Shanker Dayal Sharma as well as the Attorney General of In