 bw n0 ,,50 of 1117 nm presidential and vice-presidential elections (amendment) bill, 1977 a billfurlher to amend the presidential and vice-presidential elt'ctions act, 1952 :!bi it enacted by parliament in the twenty-eightb year of the republic of'incfia as fonows:-short title 1 this act may be called the presidential and vice-presidential bledtlltmy ~amendment) act, 1977 s • in the presiden'tial and vice-presidential electiol)s act, 1952, for ,: '-'t m 'the following part shall be substituted, namely:-subltitution of new part for part mofad 31 of 1952  'part til disputes regarding elections13 in this part, unless the context otherwise requires,-definition, (a) ·'candidate" means a person who has been or claims to have been ~u1y nominated as a candidate at an eleetiou; (b) "costs" means all costs, charges and expenses of, or incidental to, a trial of an election petition; (c) "returned candidate" means a candidate whose name has been published under section 12 as duly elected 14 (1) no election shall be called in question except by present-s ing an election petition to the authority specified in sub-section (2) authority to try election petitions (2) the authority having jurisdiction to try an election petition shall be the supreme court (3) every election petition shall be presented to such authority in accordance with the provisions of this part and of the rules made 10 by the supreme court under article 145 preaenta~ hon of petition 14a (1) an election petition calling in question an election may be presented on one or more of the grounds specified in subsection (1) of section 18 and section 19, to the supreme court by any candidate at such election, or-15 (i) in the case of presidential election, by twenty or more electors joined together as petitioners; (ii) in the case of vice~presidential election, by ten or more electors joined together as petitioners (2) any such petition may be presented at any time after the 20 date of publication of the declaration containing the name of the returned candidate at the election under section 12, but not later than thirty days from the date of such publication | form       ||------------|| petitions, || 'e:tcand  || procedure |15 subject to the provisions of this part, rules made [whether before or after the commencement of the presidential and vice~ 25 presidential elections (amendment) act, 1977] by the supreme court under article 145 may regulate the form of election petitions, the manner in which they are to be presented, the persons who are to be made parties thereto, the procedure to be adopted in connection therewith and the circumstances in which petitions are to abate, 30 or may be withdrawn, and in which new petitioners may be substituted, and may require security to be given for costs 16 a petitioner may claim either of the following declarations:-relief that may be claimed by the petitioner (a) that the election of the returned candidate is void; c· (b) that the election of the returned candidate is void and 35 that he himself or any other candidate has been duly elected 17 (1) at the conclusion of the trial of the election petition, the supreme court shall make an order-ord'erg otthe suprf'me court (a) dismissing the election petition; or (b) declar~ng the election of the ret\trnfilq can<iidate tq be 40 void; or (c) declaring the election of the returned candidate to be void and the petitioner or any other candidate to have been duly elected (2) at the time of making an order under sub-section (1), the 5 supreme court shall also make an order fixing the total amount of costa payable and specifying the persons by and to whom' castor shall be paid 18 (l) if the supreme court is of opinion,-grounds for declaring the election 10 (a) that the oftence of bribery or undue influence at the election bas been committed by the returned candidate or by any person with the consent of the returned candidate; or (b) that the result of the election has been materially affected--of a returned candidate to be veld (i) by the improper reception or refusal of a vote, qt (ii) by any non-compliance with the provisions of the constitution or of this act or of any rules or orders made under this act; or (iii) by reason of the fact that the nomination of any candidate (other than the successful candidate), who has not withdrawn his candidature, has been wrongly accepted; or (c) that the nomination of any candidate has been wronal)' rejected or the nomination of the successful candidate has been wronely accepted; the supreme court shall declare the election of the returned candidate to be void (2) for the purposes of this section, the oftenc~s of bribery and undue infiuence at an election have the same meaning as in chapter ixa of the indian penal code 4501 1880 30 35 grounds for which a candidate other than the returned candidate may be declared to have been elected 45 19 ii any person who has lodged an election petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the supreme court is of opinion that in tact the petitioner or such other candidate received a majority of the valid votes, the supreme court shall, after declaring the election of the returned candidate to be void, declare the petitione: or such other candidate, as the case may be, to have been duly elected: provided that the petitioner or such other candidate shall not be declared to be duly elected if it is proved that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election 20 the supreme court shall, after announcing the orders made under section 17, send a copy thereof to the central government, and on receipt of such copy the central government shall forthwith cause the order to be published in the official gazette' trans_ mission of orders to the central governmentand ittpubu-cattod prior to the constitution (thirty-ninth amendment) act, 19?5, article 71 as it then stood, specifically provided that doubts and djs~tg·arising out of or in connection with the election of a president or vice-president shall be inquired into and decided by the supreme court whose decision shall be final new article 71 substituted by the constitution (thirtyninth amendment) act however empowered parliament to constitute an authority or body for inquiring into and deciding dg)11bts and disputes relating to presidential and vice-presidentialelectiojls and further provided that the decision of such authority or body shall nen be called ir' questiod by any court on the 3rd february, 1977, the president propilulgated an ordinance to amend the presidential and vice-presidential elections, act, 1952, so as to substitute a new part for part iii of that act providing for the setting up of all authority consisting of nine members--three to be neminatedby the speaker of the lok sabha-one of whom shall be the chief justice or retired chief justice of the supreme court and another a person having knowledge of election law, three to be elected by the· lok sabha and the remaining three to be elected by the rajya sabha in addition to this substantive provision constituting the· authority, the ordinance contained certain other pt'ovisions relating topedure and matters of detail in that ordinance the scope and a~tucie of the oftellc~s of bribery and undue influence were circumscribed so that those expressions would not have the meanings assigned to them in chapter ixa of the indian penal code, but would be merel, corrupt practices having the meanings assigned to these expressior!j in the representatian of the people act, 1951 after the general election, government decided not to r~ce that ordidance by parliamentary legislation and the ordinance wa~ allowed to lapse government consider that it is not only appropriate, but also r desirable to restore the position obtaining prior to the constftutiod (thirty~inth amendment) act, 1975, with regard to· the forum for the trial of eleetfon petitions challenging presidential anei vice-presidential electi~ns, including the scope and amplitude of the oifellccs of' bribery and undue influence the bill seeks to achieve the above object by ma~ an am~dment in the presidential and vice-presidential elections act, 1952, so as to specifically provide as required by new article 71, that the supreme court shall be the authority for the trial of disputes relating to presidential and vice-presidential elections and thus restore the  earlier'-position new delhi; p c chunder the 311t m4i/j 1977 - - - - ' part iii  disputes regarding blbctlonsis in this part, unless the codtex~ otherwise reqj,lirea-deftnitioiul (ao) iicaadidate" meads a person who has beta or claials to have been duly nominated as a cmdida~ at an electiqq, 8ilcl 1mj 8\iiijh p'il's~ shall be deemed to have been a caadidaw88 from the ij,me when, with the election in prospect, he began to hold himself out as a prospective candidate; (b) "costs" means all costs, charges and expenses of, or incidential to, a trial 01 an election petition; (c) "returned candidate~' meads a candidate whole name has been published under section 12 as duly elected election petition • 1'- (lj no electiql'l shall be called in ql,le8tion eju;ept by an election petition presented to the supreme court in accordance 'with the provisions of this part and of the l'ules made by the supreme court under article 145 (z) an electiea petition callidg in questiag all eleotion may be prea-ted or ode or more of the· ground • apectilec1·inlllbamotion (1) of sectioq 18 add section ·19 to the supaaaa com by 1lii¥·"tciwte at such election, or-(i) in the case of presidential election, by twenty or more , electors joined together as petitioners; (ii) in the case of vice-presidential election, by teu or more electors joined together as petitioners (3~ any suell petition may be pa!iiebtm at my time, a, the date of publication of the declaration contaiiiiidg the dame ot the retaraed candidate at the election under section 12 but not later than thirty days from the date of such publication :  ~  11 subject to the provisions of this part, ruja ,mao by the suphdle court udder article 146 may regulate the fol7dl of eleetion petitions, the menner in, which they are to be presented, the penon who are to be made parties thereto, the procedure to be adopted in connection thuewith and the circumstances in which petitions are to abate, or may be withdrawn, and in which new petitaoners may be substit1l&ed, &lid may require security to be given for costs s 16 a petitioner may claim either of the following declarations:-(a) that the election of the returned candidate is void; ~ellef that may be claimed by the petitioner (b) that the election of the returned candidate is void and that he himself or any other candidate has been duly elected 17 (1) at the conclusion of the trial of the election pf'tition, the supreme court shall make an order-orders of the supreme court (a) dismissing the election petition; or (b) declaring the election of the returned candidate to be void; or ' i i·, = (c) declaring the election of the returned candidate to be void and the petitioner or any other candidate to have been duly elected (2) at the time of making an order under sub-section (l), the supreme court shall also make an order fixing the total amount of costs payable and specifying the persons by and to whom costs shall be paid 18 (1) if the supreme court is of opinion,-(a) that the offence of bribery or undue influence at the election has been committed by the returned candidate or by any person with the consent of the returned candidate; or grounds tor declarinlthe election of a return"ad candidate to be void (b) that the result of the election has been materially aftected-(i) by the improper reception or refusal of a vote, or (ii) by any non-compliance with the provisions of the constitution or of this act or· of any rules or orders made under this act; or (iii) by reason of the fact that the nomination of any candidate (other than the successful candidate), who has not withdrawn his candidature, has been wrongly accepted; or (c) that the nomination of any candidate has been wrongly rejected or the nomination of the successful candidate has been wrongly accepted; the supreme court shall declare the election of the returned candidate to be void (2) for the purposes of this section, the offences of bribery and undue in1iuence at an election have the same meaning as in chapter ixa of the indian penal code 45 of 1880 19 u any person who has· lodged an election petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the supreme court is of opinion that in fact the petitioner or such other candidate received a majority of the valid votes, th~ supreme court shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected: grounds for which a candidate other than the re-, turned candidate may be declared to have been _lectecl provided that the petitioner or such other candidate shall not be declared to be duly elected if it is proved that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election 20 the supreme court shall, after announcing the orders made under section 17, send a copy thereof to the central government, and on receipt of su(:h copy the central government shall forthwith cause the order to be publisbed in the official gazette - - - - - transmission of orders to the central govemmentand itapublicatton  a billfurther' to amend the presidential and vice-presidential elections act, 1952 (dr p c chunder, minister of education, social welfa:re and culture)   