AIR 1998 SUPREME COURT 1506 ::1998 AIR SCW 405 ::1998 (1) UJ (SC) 178 ::1998 (1) SCC 56 ::(1997) 7 Scale 124 ::(1998) 1 SCJ 164 ::(1997) 10 Supreme 43

Supreme Court Of India

Hon'ble Judge(s): S. C. Agrawal, G. N. Ray, A. S. Anand, S. P. Bharucha, S. Rajendra Babu , JJJ

Presidential and Vice-Presidential Elections Act (31 of 1952) , S.14A— Election of President - Petition against - Locus standi - Petitioners not falling within expression "candidate" as defined in S. 2(d) in as much as nomination paper filed by them not complying with mandatory requirements - Have no locus standi to maintain petition. In the instant case neither of the petitioners was a 'candidate' as the said expression is defined in Section 2(d) of the Act since neither of them had been duly nominated nor could he claim to have been nominated as a candidate inasmuch as the nomination papers filed by both of them did not comply with the mandatory requirements of Section 5B (1)(a) of the Act and the nomination paper of Petitioner No. 2 was filed without complying with the requirements of Section 5B(2) of the Act. On that view it must be held that neither of the petitioners has the locus standi @page-SC1507 to maintain the petition, challenging the election of the President.(Para 23) The requirement in Section 5B (1)(a) about the nomination paper 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 inasmuch as the elector who has subscribed the nomination paper of a person as a proposer ....