CHARAN LAL SAHU versus DR. APJ ABDUL KALAM AND ORS.

CHARAN LAL SAHU versus DR. APJ ABDUL KALAM AND ORS.

The petitioner, not being a duly nominated candidate as required by Sections 58 and 5C, lacks locus standi to maintain the election petition; previous judgments have conclusively upheld the relevant provisions and dismissed similar challenges; thus, the petition is not maintainable and must be dismissed with costs.

Parties
Petitioner: Charan Lal Sahu; Respondent No. 1: A.P.J. Abdul Kalam; Respondent No. 2: Lakshmi Sehgal
Jurisdiction
India
Judgment Date
11 December 2002
Procedural Posture
Election Petition; Special Leave Petition / Original Jurisdiction; Preliminary Stage, Decision on Maintainability
Outcome
Petitions dismissed with costs; petitioner lacked locus standi and the challenges raised were concluded by prior judgments.
Legal Topics
Presidential and Vice Presidential Elections, Constitutionality of Election Laws, Locus Standi in Election Petitions
Constitutional Law Election Law Presidential and Vice Presidential Elections Constitutionality of Election Laws Locus Standi in Election Petitions

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Parties

Charan Lal Sahu

Petitioner

A.P.J. Abdul Kalam

Respondent No. 1

Lakshmi Sehgal

Respondent No. 2

Procedural Posture

Election Petition; Special Leave Petition / Original Jurisdiction; Preliminary Stage, Decision on Maintainability

Legal Issues

  1. 1 Whether the petitioner has locus standi to file the Election Petition
  2. 2 Whether the petitioner was a duly nominated candidate in accordance with Sections 58 and 5C of the Presidential and Vice-Presidential Elections Act, 1952
  3. 3 Whether challenge to the validity of Sections 58 and 5C or other provisions of the Act and Rules is valid

Ratio Decidendi

The petitioner, not being a duly nominated candidate as required by Sections 58 and 5C, lacks locus standi to maintain the election petition; previous judgments have conclusively upheld the relevant provisions and dismissed similar challenges; thus, the petition is not maintainable and must be dismissed with costs.

Court Disposition

Petitions dismissed with costs; petitioner lacked locus standi and the challenges raised were concluded by prior judgments.

Orders

  • Petitions dismissed
  • Costs assessed at Rs. 25,000 in each case, to be deposited and transferred to Supreme Court Legal Services Committee