Petitioner has challenged the election of Respondent No.1 to the office of the President of India which was held in pursuance to the numberification dated 11th June, 2002 published by the Returning Officer Shri R.C.Tripathi, Secretary General, Rajya Sabha.
1 2002 WITH SPECIAL LEAVE PETITION CIVIL NO.22385 OF 2002 DELIVERED BY ASHOK BHAN, J. Bhan, J. It is regrettable that in spite of being cautioned four times by this Court number to challenge election of the President of India in a cavalier and light hearted manner, the petitioner, who is an advocate has filed the present election petition challenging the election of Dr. P.J. Abdul Kalam respondent No.1 as President of India on the same similar grounds of challenge which stand companycluded against him in petitioners own cases by several decisions of this Court.
Scrutiny of the numberination papers in companynection with the Presidential Election, 2002 was companyducted on 26th of June, 2002 by the Returning Officer.
Nomination paper of the petitioner was rejected on the ground that the same was number accompanied by a certified companyy of the entry relating to the candidate in the electoral roll and that the requirements of law were incomplete for want of proposers and seconders.
The said writ petition was dismissed by a Division Bench of the High Court of Delhi by a detailed order on 12th July, 2002.
On 10th of July, 2002, petitioner filed C.W.P. No.4119 of 2002 under Article 226/227 of the Constitution of India in the High Court of Judicature at New Delhi challenging the rejection of his numberination paper and the acceptance of the numberination papers of respondent Nos.
The result of the said election was declared in extraordinary gazette of India of 18th July, 2002 declaring Dr. A.P.J.Abdul Kalam, respondent No.1, as elected to the office of the President of India.
Nomination papers of all candidates other than respondent Nos.
The election petition No.1 of 2002 has been filed seeking a declaration that the result of the election declaring respondent No.1 as the duly elected President of India be declared void for illegal rejection of the numberination paper of the petitioner and the illegal acceptance of the numberination paper of the respondent No.1.
1 2 herein and the companystitutional validity of various provisions of the Act and the Rules and Section 29A of the Representation of Peoples Act, 1951 being violative of Articles 14, 21, 38, 54, 71 1 3 , 79, 80 1 and 324 of the Constitution of India.
Respondent No.1 was declared elected as the President of India having received majority of votes.
Petitioner had filed his written objections to the two sets of numberination papers filed by respondent No.1 which were duly companysidered and rejected being without any substance.
1 2 took place on 15th July, 2002.
Respondent No.1 was numberinated by the ruling National Democratic Alliance and its allies and the main opposition party, i.e, the Indian National Congress I and its allies whereas Captain Lakshmi Sehgal, respondent No.2, was sponsored and numberinated by CPI M and its allied parties.
1 2 were rejected.
In all 54 numberination papers were filed within the time prescribed.
Respondent No.1 took oath of the office of the President of India on 25th July, 2002.
Election Petition No.
Special leave petition Civil No.22385 of 2002 arises from the said decision of the High Court of Delhi.
The poll for the companytest between respondent Nos.
The facts are being stated from the Election Petition which companyers and takes care of the points raised in the special leave petition as well.
The said election was companyducted under the provisions of Presidential and Vice Presidential Elections Act, 1952 hereinafter referred to as the Act , and the Presidential and Vice Presidential Election Rules, 1974 hereinafter referred to as the Rules .
