MADAN LAL 'DHARTIPAKAR' versus NEELAM SANJEEVA REDDY AND ORS.

MADAN LAL 'DHARTIPAKAR' versus NEELAM SANJEEVA REDDY AND ORS.

Since there was no compliance with the requirements of Section 5B(1) of the Act, the petitioner was not a duly nominated candidate within the meaning of Section 13(a) and thus had no locus standi to maintain the petition; therefore, the petition was dismissed.

Parties
Petitioner: Madan Lal 'Dhartipakar'; Respondent No. 1: Neelam Sanjeeva Reddy; Respondent No. 3: Respondent No. 3
Jurisdiction
India
Judgment Date
09 March 1978
Procedural Posture
Election Petition / Original Jurisdiction
Outcome
Petition dismissed
Legal Topics
Presidential and Vice Presidential Elections, Nomination Requirements, Locus Standi
Election Law Presidential and Vice Presidential Elections Nomination Requirements Locus Standi

Case Brief

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Parties

Madan Lal 'Dhartipakar'

Petitioner

Neelam Sanjeeva Reddy

Respondent No. 1

Respondent No. 3

Respondent No. 3

Procedural Posture

Election Petition / Original Jurisdiction

Legal Issues

  1. 1 Whether a person whose nomination paper was not subscribed by an elector as proposer or seconder has locus standi to file an election petition under the Presidential and Vice-Presidential Elections Act, 1952.

Ratio Decidendi

Since there was no compliance with the requirements of Section 5B(1) of the Act, the petitioner was not a duly nominated candidate within the meaning of Section 13(a) and thus had no locus standi to maintain the petition; therefore, the petition was dismissed.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed without any order as to costs