SHRI CHARAN LAL SAHU AND ANR. versus SHRI K.R. NARAYANAN AND ANR.

Citation: [1997] SUPP. 5 S.C.R. 317 · Decided: 24-11-1997 · Supreme Court of India · Bench: S.C. AGRAWAL · Disposal: Dismissed
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Judgment (excerpt)

SHRI CHARAN LAL SAHU AND ANR. 
v. 
SHRJ K.R. NARA YANAN AND ANR. 
NOVEMBER 24, 1997 
(S.C. AGRAWAL, G.N. RAY, DR. A.S. ANAND, S.P. BHARUCHA 
ANDS. RAJENDRA BABU, JJ.] 
ELECTION LAW: 
Presidential and Vice Presidential Elections Act, 1952 : 
Sections 2(d), 5-B, 5-C, 13(a) and 14-A-Election Petition-Filed before 
the Supreme Court-Maintainbility-Locus standi of Petitioners-Election 
petition filed by two persons being candidates. at the same election-Held, 
they must be or claim to have been duly nominated as candidates as defined 
A 
B 
c 
in Section 13 (a) of the Act-Also nomination papers submitted by them D 
should have been subscribed by the requisite number of proposers and 
seconders as required under Section 5-B (l)(a)-Petitioner No. I filing 
nominations without complying with the mandatory requirements of Section 
5-B(J)(a) and Petitioner No. 2 filing nomination without complying with the 
requirements of Section 5-B (2)-Held, petitioners have no lacus standi to 
maintain the petition. 
E 
Sections 5-B and 5-C (prio~ to amendment and after the amendment by 
Act 35 of 1997)-Requirement under Section 5-B(J)(a) requiring the 
nomination paper being subscribed by a particular number of electors as . 
proposers and seconders-Held, does not involve the infringement of the 
·secrecy of ballots as incorporated under Article 55(3) of the Constitution- F 
Constitution of In.dia-Article 55(3)-Election of President-Nomination 
paper-Freedom of propsers and seconders to vote as per their conscience 
~·~ 
I 
Section 5-B( l)(a)-Provides that the nomination paper shall be 
subscribed by a particular number of electors as proposers and seconders- G 
Proposers and seconders must be a Member of Parliament or State Legislature 
-Held, value of the votes of the members has no bearing on this requirement 
---Section 2(d)-Definition of 'elector'. 
Section I 4-A Election petition challenging Presidential election filed 
by persons· whose similar petitions had been repeatedly dismissed earlier by H 
317 
318 
SUPREME COURT REPORTS [1997] SUPP. 5 S.C.R. 
A this Court-Amounted to abuse of the. process of law-Hence Petition dismissed 
with costs quantified at Rs. 10,000. 
The present election petition was filed by two petitioners who were 
candidates at the same election, challenging the election of Respondent No. 
1. The nomination papers of Petitioner No. 1 was filed without complying 
B with the mandatory requirements of Section 5-8(l)(a) and nomination paper 
of Petitioner No. 2 was filed without complying with the provisions of Section 
5-8(2) of the Presidential and Vice Presidential Elections Act. Similar 
petitions filed by the petitioners earlier were dismissed by this Court. 
c 
D 
Dismissing the Petition, this Court 
HELD : 1. 
The validity of the provisions of Sections 5-8 and 5-C of 
the Presidential and Vice Presidential Elections Act as they stood prior to 
5.6.1997, as well as after the introduction of amendments by the Amendment 
Ordinance 13 of 1997 and Amendment Act 35 of 1997 has already been 
upheld by this Court in its earlier decisions. [330-F-GI 
Charan Lal Sahu v. Nee/am Sanjeeva Reddy, 119781 3 SGR 1; Charan 
Lal Sahu v. Giani Zail Singh, 119841 2 SCR 6 and Charan Lal Sahu v. 
Fakruddin Ali Ahmed, AIR (1975) SC 1288, relied on. 
2.1 The requirement of Section 5-8(1)(a) about the nomination paper 
E being subscribed by a particular number of electors as proposers and 
seconders does not, in any way, involve the infringement of the secrecy of 
ballot at the election in as much as the elector who has subscribed the 
nomination paper of a person as proposer or a seconder is free to cast his 
vote in favour of any candidate and is not bound to vote for the person whose 
F 
nomination paper he has subscribed as a proposer or seconder. The identity 
of the candidate in whose favour he has cast his vote is not to be disclosed. 
1330-H; 331-A-81 
2.2. Under Section 5-8(1 )(a) what is required is that the nomination 
paper must be subscribed by 50 electors as proposers and by 50 as seconders. 
G In relation to Presidential election the expression "elector" is defined in 
Section 2(d) of the Act to mean a member of the electoral college referred 
to in Article 54. Under Article 54 every elected member of the Legislative 
Assembly of the State is a member of the electoral college for election of 
the President. Jn other words, each member of the Legislative A_ssembly of 
a State is an elector under Section 2(d) of the Act.
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