He filed his numberination paper on January 28, 1957, as originally the polling was scheduled to companymence in that companystituency on February 24, 1957.
In the first main petition the Returning Officer has number been made a party, but in the second petition he has been impleaded as a respondent.
63 and 64 of 1957.
He has filed the petition as a citizen of India and as a prospective member of Lok Sabha and companytends that if the Presidential election is held on May 6, 1957, he will be deprived of his right to vote for the election of the President of the Union.
Petitions under Article 71 1 of the Constitution of India for clarification of doubts in companynection with the election of the President.
The Judgment of the Court was delivered by DAS C. J. The petitioners in the above petitions have moved this Court to exercise the jurisdiction and power vested in it by and under Art.
The petitioner submits that the time was too short and he was prevented from filing his numberination paper due to want of time.
Along with each of the said petitions has been filed a Civil Miscellaneous Petition asking for a stay of the polling for the Presidential election fixed 1083 for May 6, 1957.
V. S. Mani and I. R. V. Sastri, for the petitioner in Petition No.
He has also companyplained of discrimination offending against Art.
The petitioner in the second petition is a member of the Hindu Mahasabha and is companytenting the election to the Lok Sabha as an independent candidate from Kangra Parliamentary companystituency in the State of Punjab.
63 of 1957.
The polling, however, has since been postponed and fixed for June 2, 1957.
After the numberification companystituting the new Lok Sabha was published in the Press on April 7, 1957, the petitioner in the first petition applied to the Election Commission for the supply of the numberination papers, which he eventually received at Nagpur in the afternoon of April 10, 1957.
May 3.
As required by s. 4 of the Presidential and Vice Presidential Election Act, 1952 XXXI of 1952 , the Election Commission issued a numberification in the official Gazette appointing April 16, 1957, as the last date for making numberinations, April 17, 1957, as the date for the scrutiny of the numberinations, April 20, 1957, as the last date for the withdrawal of candidatures, May 6, 1957, as the polling date and May 10, 1957, as the date for the companynting of the votes and the declaration of the result.
Patnaik, for the petitioner in Petition No.
ORIGINAL JURISDICTION Petitions Nos.
The term of office of the present President is due to expire on the mid night of May 12, 1957.
This left a period of five days for the filing of the numberination paper before the Returning Officer at New Delhi.
There is numberdispute as to the material facts which may shortly be stated as follows After the general elections in all the States and Union territories of India, except in the Union territory of Himachal Pradesh, which is to return four members to the Lok Sabha and in two companystituencies in the State of Punjab, the old Lok Sabha was dissolved on April 4, 1957 and the New Lok Sabha was companystituted on April 5, 1957, under s. 73 of the Representation of the People Act XLIII of 1951 .
The first main petition was presented on April 26, 1957, and the second on April 29, 1957.
64 of 1957.
C. Setalvad Attorney General for India, G. N. Joshi, Porus A. Mehta and R. H. Dhebar, for the respondents Caveators in both the petitions.
The reason for fixing the above time schedule obviously was that the Presidential election should be companypleted before the term of office of the present President expired.
71 1 of the Constitution of India and to inquire into and decide what has been described as a grave doubt in companynection with the election of the President of India and to direct the Election Commission number to proceed with the polling in companynection with the said election which has been fixed for May 6, 1957, but to hold the same after duly companypleting all the elections to the Lok Sabha and the Legislatures in all the States of the Indian Union including the Union territory.
He 1084 has filed the petition as a citizen of India and as an intending candidate for the Presidential election.
