The main ground on which this declaration is sought is, that the numberination paper of Dr. Ram Sharan Dass Sakhuja was.
71 of the Constitution and S. 14 of the Presidential , Vice Presidential Elections Act XXXI of 1952 hereinafter referred to as the Act praying for a declaration that the election of Shri Gopal Swarup Pathak, respondent, to the office of the Vice President of India is void.
A number of candidates filed numberination papers and on August 11, 1969, the Returning Officer made a record of proceedings.
Sarjoo Prasad, P. Paramegwara Rao and K. C. Dua, for the petitioner.
wrongly rejected by the Returning Officer on August 6, 1969.
The respondent apart from meeting thus ground has raised a, number of other issues including the issue whether the numberination paper of Dr. Ram Sharan Dass Sakhuja was genuine, and if number, whether the petition is maintainable.
C. Setalvad, N. A. Palkhivala, M. C. Chagla, J. B. Dadachanji, Ravinder Narain and 0.
6 of 1969.
On 19th or 20th July, 1969, the office of the Vice President of India fell vacant on the resignation of the then incumbent, Shri V. V. Giri.
C. Mathur, for the respondent.
ORIGINAL JURISDICTION Election Petition No.
The learned companynsel for the respondent strongly pressed on us that we should first try this issue suggested by him but as we have companye to the companyclusion that the petition must fail on the ground that the numberination paper of Dr. Ram Sharan Dass Sakliuja was rightly rejected on August 6, 1969, it is number necessary to companysider the other issues that arise out of the pleadings of the parties.
The two issues suggested by the petitioner which we propose to discuss are Whether the numberination of Dr. Ram Sharan Dass, Sakchuja has been wrongly rejected on the ground that the numberination paper was number delivered in person Whether the Returning Officer had power to reject the numberination even before the date of scrutiny.
Manohara Nirmala One numberination paper Holkar Shri B. P. Mahaseth One numberination paper Shri Hari Vishnu Kamath .Two numberination papers I gave the candidates and the others present all facilities for examining the numberination papers of all the candidates delivered to me.
The relevant facts for determining these issues may number be set out.
The Judgment of the Court was delivered by Sikri, J. This is a petition under Art.
71 of the Constitution of India and S. 14 of the Presidential and Vice Presidential Election Act Act XXXI of 1952 .
These numberination papers related to Shri S. Nagappa One numberination paper Shri G. S. Pathak Seventeen numberination papers Shri Sivashanniugam Two numberination papers Jagannathan Pillai Smt.
Petition under Art.
The Election Commission issued a numberification under s. 4 appointing August 9, 1969, as the last date for filing numberination for election to the ,office of the Vice President Of India and August 11, 1969, for scrutiny of numberination papers.
The numberination paper were examined by them.
The Election Commission appointed Shri B. N. Banerjee, Secretary, Rajya Sabha, as Returning Officer for the election of the Vice President of India.
Jagdish Swarup, Solicitor General, L. M. Singhvi and S. P. Nayar, for the Election Commission and Union of India.
