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2012 Supreme(SC) 2539

ALTAMAS KABIR, P. SATHASIVAM, SURINDER SINGH NIJJAR, J. CHELAMESWAR, RANJAN GOGOI
Purno Agitok Sangama – Appellant
Versus
Pranab Mukherjee – Respondent


Advocates Appeared:
For the Appearing parties :- Mr. Goolam E. Vahanvati, A.G. Mr. Ram, Jethmalani, Mr. Satya Pal Jain, Mr. Harish N. Salve, Mr. Pravin H. Parekh, Senior Advocates, Mr. S.S. Shamshery, Mr. Dheeraj Jain, Mr. P.V. Yogeshwaran, Mrs. Lata Krishnamurthi, Ms. 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 Vardhari Singh, Mr. Devadatt Kamat, Mr. Rohit Sharma, Mr. Anoopam N. Prasad, Mr. Nizam Pasha, Mr. Anandh Kannan, Mr. Sameer Parekh, Mr. E.R. Kumar, Ms. Sonali Basu Prekh, Mr. Rajat Nair, Mr. Vishal Prasad, Mr. Utsav Trivedi, Mr. Abhishek Vinod Deshmukh(for M/s. Parekh & Co.), Ms. Meenakshi Arora, Advocates, with them.

JUDGMENT :

Chelameswar, J. - I regret my inability to completely agree with the opinion of the majority delivered by Hon'ble the Chief Justice.

2. The pleadings and submissions relevant for the present purpose are elaborately mentioned in the judgment of Hon'ble the Chief Justice of India, therefore, I do not propose to reiterate the same.

3. The procedure that is required to be followed in an election petition calling in question the election of the respondent as the President of India is the subject matter of controversy. It is a long settled principle of law in this country that the elections to various bodies created under the Constitution cannot be questioned except in accordance with the law made by the appropriate legislation. Article 329 (b) declares that no election to either House of Parliament or to the House or either House of the Legislature of a State (hereinafter collectively called legislative bodies) shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature. Similarly, Article 71 1 declares all doubts and disputes arising out of or in connecti

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