Purno Agitok Sangma vs Pranab Mukherjee

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2012 Supreme(SC) 873

ALTAMAS KABIR, P. SATHASIVAM, S. S. NIJJAR, J. CHELAMESWAR, RANJAN GOGOI
Purno Agitok Sangma – Appellant
Versus
Pranab Mukherjee – Respondent

Advocates Appeared:
Mr. Goolam E. Vahanvati, Mr. A.G. Ram Jethmalani, Mr. Satya Pal Jain, Mr. Harish N. Salve and Mr. Pravin H. Parekh, Mr. Sr. Advocates, Mr. S.S. Shamshery, Mr. Dheeraj Jain, Mr. P.V. Yogeswaran, Mrs. Lata Krishnamurthi, Miss P.R. Mala, Mr. Subhashish R. Soren, Mr. Pranav Diesh, Mr. Karan Kalia, Mr. Ashish Dixit, Mr. V.M. Vishnu, Mr. Bharat Sood, Mr. Bhakti Vardhan Singh, Mr. Devandan Kamat, Mr. Rohit Sharma, Mr. Anoopam N. Prasad, Mr. Nizam Pasha, Mr. Anandh Kannan, Mr. Sameer Parekh, Mr. E.R. Kumar, Ms. Sonali Basu Parekh, Mr. Rajat Nair, Mr. Vishal Prasad, Mr. Utsav Trivedi, Mr. Abhishek Vinod Deshmukh (for M/s Parekh & Co.) and Ms. Meenakshi Arora, Advocates, with them, for the appearing parties.

JUDGMENT

Altamas Kabir, CJI

1. The Petitioner herein was a candidate in the Presidential elections held on 19th July, 2012, the results whereof were declared on 22nd July, 2012. The Petitioner and the Respondent were the only two duly nominated candidates. The Respondent received votes of the value of 7,13,763 and was declared elected to the Office of the President of India. On the other hand, the Petitioner received votes of the value of 3,15,987.

2. The Petitioner has challenged the election of the Respondent as President of India on the ground that he was not eligible to contest the Presidential election in view of the provisions of Article 58 of the Constitution of India, which is extracted hereinbelow :-

58. Qualifications for election as President.- (1) No person shall be eligible for election as President unless he -

(a) is a citizen of India,

(b) has completed the age of thirty-five years, and

2) A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any

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2012 Supreme(SC) 873

ALTAMAS KABIR, P. SATHASIVAM, S. S. NIJJAR, J. CHELAMESWAR, RANJAN GOGOIPurno Agitok Sangma – AppellantVersusPranab Mukherjee – Respondent

Cases Referred (14)

ALTAMAS KABIR, P. SATHASIVAM, S. S. NIJJAR, J. CHELAMESWAR, RANJAN GOGOI
Purno Agitok Sangma – Appellant
Versus
Pranab Mukherjee – Respondent