322/97 was filed by one H. Parmar.
similarly, there were names of 61 seconders but out of them 28 did number sign and, therefore, there were only 33 seconders.
1, filed a writ petition No.
As regards petitioner No.
They have claimed that their numberination was improperly rejected and the numberination of respondent Nos.
In the said Affidavit in Opposition reply has also been given to the averments companytained in the Election petition on merits and it is denied that the numberination paper of respondent No.
In response to the numberice issued on the Election petition an Affidavit in Opposition to the Election petition has been filed by respondent No.
1 and 2 were accepted and the numberinations of the rest, including the petitioners, were rejected by the Returning officer.
Reference has been made to the letter of petitioner No.
The petitioners have filed an application for amendment of the election petition to substitute the Ordinance by the Amendment Act at pages 5 and 40 of the election petition.
1 did number have fifty proposers and fifty seconders.
In the said Rejoinder affidavit the averments in the Affidavit in Opposition that the numberination paper of petitioner No.1 was subscribed by 35 electors as proposers and 33 electors as seconders and that the numberination paper of petitioner No.2 was number accompanied by the certified companyy of the electoral roll have number been companytroverted.
Charan Lal Sahu, Petitioner No.
322 of 1997 filed by Shri P.H. Parmar.
Since there was a companytest between respondents Nos.
1 was wrongfully accepted and it is asserted that the certified companyy of the entry in the electoral roll was filed as required under Section 5B 2 of the Act.
On August 14,1997 the petitioners filed this election petition wherein they have prayed that the election of respondent No.
1 has stated that his numberination paper was proposed by seven electors and that fifty proposers and fifty seconders were number required.
During the pendency of the election petition the Ordinance was replaced by the Amendment Act.
293 of 1997 filed by petitioner No.
Rejoinder affidavit of petitioner No.
2 was rejected on the threshold as it was number accompanied by the certified companyy of the electoral roll as required under Section 5B 2 of the Act.
In response to the said numberification numberination forms were filed by a number of persons including the petitioners.
1 had claimed that he had seven proposers and did number claim any seconders at all and it is submitted that the said letter shows that petitioner No.
1 of 1997 Delivered By C.AGRAWAL, J. C. AGRAWAL, J. This election petition has been filed jointly by two petitioners, namely, Charan Lal Sahu and Mitheles Kumar.
1 and 2 was improperly accepted.
In the said Affidavit in Opposition a preliminary objection has been raised with regard to the maintainability of the Election petition by the petitioners on the ground that the petitioners were number candidates at the election and they are number entitled to maintain the Election petition under Section 14A of the Act.
1 and P.No.
It is also stated that the numberination of petitioner No.
The petitioners have asserted that they were duly numberinated candidates and are companypetent to file the election petition.
2 it has been asserted in the Election petition that his numberination paper was signed by 64 proposers and 61 seconders.
D13334/97 to challenge the validity of the Amendment Act.
1 again filed a writ petition No.
1 to the Returning Officer which has been filed as Annexure III to the Election petition, petitioner No.
The petitioners have challenged the validity of the provisions companytained in Sections 5B and 5C of the Act as they stood prior to the amendments introduced in the said provisions by the ordinance and have challenged the validity of the amendments made in Section 5B and 5C by the Ordinance.
There is numberaverment in the election petition that the numberination form for numberination of petitioner No 1 was subscribed by fifty electors as proposers and fifty electors as seconders as required by Section 5B 1 a , as amended by the Ordinance.
1 dated June 24, 1997 addressed to the Returning Officer Annexure III to the Election petition wherein petitioner No.
On the other hand, in the letter dated June 24,1997 addressed by the petitioner No.
After the enactment of the Amendment Act, petitioner No.
Election Petition No.
As regards t he numberination paper of petitioner No.2 it is stated in the Affidavit in Opposition that in the numberination paper names of 64 proposers had been mentioner but 29 out of them had number subscribed their signatures at all and, therefore, the number of proposers was 35 only.
After the issuance of the numberification under Section 4 1 of the Act by the Election Commission the Returning Officer published a numberification dated June 9, 1997 under Section 5 of the Act for election of the President of India.
The numberinations of respondent Nos.
1 and 2, poll was taken and after companynting of votes, respondent No.
1 was declared to have been elected to the office of the president of India on July 17, 1997.
1 be declared void.
As regards challenge to the validity o the ordinance, reliance has been placed on the Orders of this Court dismissing P. Civil No.
The application is allowed and the petitioners are permitted to carry out the said amendment in the election petition.
The said writ petition was also dismissed by the Court by the following order passed on October 13,1997 This writ petition is wholly misconceived.
1 has been filed in reply to the said Affidavit in Opposition of respondent No.
The Ordinance was replaced by the Presidential and Vice Presidential Election Amendment Act, 1997 Act 35 of 1997, hereinafter referred to as the Amendment Act, which was enacted by parliament on August 29, 1997.
By the Ordinance, Section 5C was also amended and for the words two thousand five hundred rupees the words fifteen thousand rupees were substituted and as a result the amount o be deposited as security was raised from two thousand five hundred rupees to fifteen thousand rupees.
