AIR 1974 SUPREME COURT 1682 ::1974 2 SCC 33 ::1975 (1) SCR 504

Supreme Court Of India

Hon'ble Judge(s): A. N. Ray, P. Jaganmohan Reddy, H. R. Khanna, D. G. Palekar, K. K. Mathew, M. H. Beg, Y. V. Chandrachud , JJJ

Index Note: - (A) Constitution of India , Art.62(1), Art.54, Art.55, Art.56(1) Proviso (c), Art.71— Presidential and Vice-Presidential Elections Act (31 of 1952) , S.4(3), S.7— Dissolution of Legislative Assembly of a State before expiration of President's term - Election of President to fill vacancy in the office caused by expiration of term - Whether can be held before expiration of term - Or can be held up until fresh elections are held in the State - Word "otherwise" in Art. 62(2), meaning- Electoral College for election of President - Whether affected by dissolution of Legislative Assembly of a State - Scope and effect of Art. 71(4). Brief Note: - (A) The election to the office of the President must be held before the expiration of the term of the President notwithstanding the fact that at the time of such election the Legislative Assembly of a State is dissolved. The election to fill the vacancy in the office of the President is to be held and completed having regard to Articles 62(1), 54, 55 and the provisions of the Presidential and Vice-Presidential Elections Act, 1952.(Para 47) Article 56(1) Proviso (c) applies to a case where a successor has not entered on his office and only in such circumstances can a President whose terms has expired, continue.(Para 47) Only such persons who are elec....