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 e