N B KHARE Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) This is a petition under Art. 71(1) of the Constitution of India. On May 6, 1957, there was an election to the office of the President and Shri Rajendra Prasad was declared elected. Thereafter Dr. N. B. Khare filed the present petition describing himself as an intending candidate and alleging that there had been violations of the provisions of the Constitution and that the election was in consequence not valid. The prayers in the petition are "that grave doubts that exist in connection with the Presidential election be enquired into, resolved and decided" and "the entire proceedings of the Presidential election be quashed as void".

(2.) The Registrar of this Court returned the petition as not being in conformity with the provisions of the Presidential and Vice-Presidential Elections Act, 1952 (XXXI of 1952), and as not satisfying the requirements of the Rules of this Court contained in O. XXXVII-A. Section 14 of Act XXXI of 1952 provides that no election shall be called in question except by an election petition presented to the Supreme Court in accordance with the provisions of the Act and of the Rules made by the Supreme Court under Art. 145 of the Constitution; and it further provides that it should be presented by any candidate at such election or by ten or more electors. The Rules framed by this Court with reference to this matter are contained in O. XXXVII-A. Rule 3 prescribes that a court fee of the value of Rs. 250 should be paid on the petition and R. 12 requires the petitioner to deposit a sum of Rs. 2,000 in cash as security for the payment of costs that may become payable by him. The petitioner is not a person entitled to apply under S. 14 of the Act and his petition was also defective as it did not comply with the requirements of Rr. 3 and 12. It was accordingly returned by the Registrar. Against that order, the present appeal has been brought.

(3.) It is firstly contended by Mr. Mani that the present petition is outside the purview of Act XXXI of 1952 and of O. XXXVII-A of the Supreme Court Rules. It is argued that the Supreme Court is invested with jurisdiction to enquire into and decide all doubts and disputes arising out of or in connection with the election of the President, that Act XXXI of 1952 and O. XXXVII-A apply only when there is a dispute as to the election, but where the petition is founded upon doubts as to the validity of the election, it is not covered either by the Act or the Rules. We are unable to accept this contention. When once an election has been held, any doubt concerning its validity is material only as a ground for setting aside the election and that in fact is the prayer in the petition itself. In substance the petition is one calling the election in question and it must satisfy the requirements of Act XXXI of 1952 and of the Rules in O. XXXVII-A.