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E.S. VENKATARAMIAH, RANGANATH MISRA, G.L. OZA, M.M. DUTT AND K.N. SINGH, JJ.
Election Petn. No. 1 of 1987, D/- 16-10-1987.
Mithilesh Kumar, Petitioner
Versus
R. Venkataraman and others, Respondents
Presidential and Vice-Presidential Elections Act, 1952 - Section 14 (3), 14, 12, 18, 18(1), 19, 18(1)(a) - Presidential and the VicePresidential Elections Act, 1977 - Section 7 - Constitution Of India – Article 145 - Supreme Court Rules, 1966 - Order XXXIX - Political Party - Election - Validity Of Election - Petition is filed by petitioner, under provisions of Presidential and Vice-Presidential Elections calling in question validity of election of Shri R. Venkataraman, 1st respondent herein as President of India at election held for electing President of India and praying for a declaration that he is successful candidate at that election - There were three candidates at election, namely, respondent No. 1, respondent No. 2 and petitioner - Result of election was declared by Returning Officer for Presidential Election 1987 - Respondent No. 4, declaring respondent No. 1 as President of India - Whether an election can be set aside on any alleged ground, court has to consult provisions of law governing particular election - Whether there is any pleading in petition to effect that offence of undue influence was committed with consent of returned candidate – Held, In petition before court there is not even an allegation that act of undue influence had been committed by some persons with connivance of 1st respondent - Petition is as bald as it could be - At hearing after getting entire petition read out Court asked petitioner to point out whether there was any allegation that 1st respondent had himself committed any undue influence or any other person with consent of 1st respondent had committed such an act or any allegation which required to be tried and petitioner was not able to point out any part of petition in which such an allegation had been made - In view of this infirmity court have not found it necessary to examine whether issuing of whip by any political party amounts to undue influence vitiating an election even when such an act is committed by returned candidate or with his consent by some other persons - Rule 20 of Order XXXIX of Rules requires that every petition calling in question an election to offices of President and Vice-President shall be posted before and be heard and disposed of by a Bench of this Court consisting of not less than five Judges - While court expect every conscientious citizen eligible to file an election petition to question an election on grounds prescribed by Act, court do not wish that any petitioner should make use of this Court as a forum to file a petition without giving adequate thought to its contents and also to provisions of law governing case merely to seek some cheap publicity – Court regret to say that seeing ones name in newspapers everyday has lately become worst intoxicant and number of people who have become victims of it is increasing day by day -Court, however, refrain from referring to some other irrelevant and unwarranted statements made by him before this Court orally and in writing - Perhaps petitioner who desired to become President of India did not understand effect of what he was saying – Court shall leave it at that - Petition Dismissed.
Judgement
VENKATARAMIAH, J. :- The above petition is filed by the petitioner, Shri Mithilesh Kumar under the provisions of the Presidential and Vice-Presidential Elections Act, 1952 (Act No. 31 of 1952) (hereinafter referred to as the Act) calling in question the validity of the election of Shri R. Venkataraman, the 1st respondent herein as the President of India at the election held in July, 1987 for electing the President of India and praying for a declaration that he is the successful candidate at that election. There were three candidates at the election, namely, Shri R. Venkataraman respondent No. 1, Shri V. R. Krishna lyer respondent No. 2 and Shri Mithilesh Kumar - the petitioner. The result of the election was declared on 16-7-1987 by the Returning Officer for Presidential Election 1987 - respondent No. 4, declaring Shri R. Venkataraman - respondent No. 1 as the President of India.
2. The Act was passed in the year 1952 for the purpose of regulating certain matters relating to or connected with the elections to the offices of the President and the VicePresident of India. Part II of the Act contains the provisions relating to the conduct of Presidential and Vice-Presidential elections and Part III of the Act sets out the provisions relating to the settlement of disputes regarding elections to the offices of the President and the Vice-President of India. Section 14 of the Act provides that no election should be called in question except by presenting an election petition to the authority specified in sub-see. (2) and the authority having jurisdiction to try an election petition under the Act is specified as the Supreme Court of India by sub-see. (2). Sub-section (3) of S. 14 of the Act requires that an election petition should be presented to the Supreme Court of India in accordance with the provisions of Part III of the Act and of the rules made by the Supreme Court of India under Art. 145 of the Constitution. Order XXXIX of the Supreme Court Rules, 1966 (hereinafter referred to as the Rules) made under Art. 145 of the Constitution and all other powers enabling it in this behalf by the Supreme Court of India contains the provisions relating to the election petitions filed under Part III of the Act. Section 14-A of the Act provides that an election petition calling in question an election may be presented on one or more of the grounds specified in sub-sec. (1) of S. 18 and S. 19 to the Supreme Court by any candidate at such election or in the case of Presidential election, by twenty or more electors joined together as petitioners and in the case of Vice-Presidential election, by ten or more electors joined as petitioners. Such petition may be presented at any time after the date of the publication of the declaration containing the name of the elected. candidate at the election under S. 12 of the Act but not later than thirty days from the date of such publication. Section 15 of the Act provides that subject to the provisions of Part III of the Act rules made by the Supreme Court of India under Art. 145 of the Constitution may regulate the form of election petitions, the manner in which they are to be presented, the persons who are to be made parties thereto, the procedure to be adopted in connection therewith and the circumstances in which petitions are to abate and to be withdrawn and in which new petitioners may be substituted and may require security to be given for costs. Rule 3 of Order XXXIX of the Rules prescribes that a court-fee stamp of the value of rupees two hundred and fifty shall be paid on the election petition and the election petition will be signed by the petitioner or petitioners, it they are more than one, or a duly authorised advocate-on-record on his or their behalf. Rule 4 of Order XXXIX of the Rules provides that the petition shall be divided into paragraphs, numbered consecutively, each paragraph being confined to a distinct portion of the subject, and shall be printed or typed legibly on one side
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