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1978 Supreme(SC) 103

JASWANT SINGH, N.L.UNTWALIA, P.S.KAILASAM, R.S.SARKARIA, V.D.TULZAPURKAR
Madan Lal Dhartipakar – Appellant
Versus
Neelam Sanjeeva Reddy – Respondent


Advocates:
C.S.S.RAO, O.C.MATHUR, P.RAM REDDY, R.N.SACH, S.V.Gupta, V.V.NAIR

R.S.SARKARIA, J.

(1) THIS is a petition filed by Shri Madan Lal Dhartipatar on 19/08/1977 under the Presidential and Vice-Presidential Election Act, challenging the election, of Shri Neelam Sanjeeva Reddy as President of India at the Presidential Election held on 19/07/1977.

(2) THE petitioner filed a nomination paper on 5/07/1977 but that nomination paper was rejected by the Returning Officer because-as he admits-it was not subscribed by any elector as proposer or as seconder. He bad thus admittedly not complied with the requirements of S. 5B(1) of the Act. The petitioner has, however, detailed reasons why he could not find a,any elector to propose or second his nomination papers.

(3) WHEN the case came up before us today, the petitioner requested that the hearing of the petition be postponed till after the coming Summer Vacation. We explained to him that we did not see any sufficient reason to accede to his request. The adjournment was declined.

(4) THE petitioner then argued at length urging that the petition should be referred to a larger bench for decision. We have fully heard arid considerd all that he had to say in this connection a


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