DHARTI PAKAR MADAN LAL AGRAWAL versus K.R. NARAYANAN AND ORS.

DHARTI PAKAR MADAN LAL AGRAWAL versus K.R. NARAYANAN AND ORS.

There is no substance in the submission that Charan Lal Sahu v. Neelam Sanjeeva Reddy needs reconsideration; composite election-cum-writ petition is not maintainable; the writ petition is dismissed as the challenge lacks merit.

Parties
Petitioner: Dharti Pakar Madan Lal Agrawal; Respondent No. 1: K.R. Narayanan; Advocate: Attorney General, Ashok Desai; Advocate: T.R. Andhyarujina; Advocate: Soli J. Sorabjee; Advocate: C.L. Sahu; Advocate: S.K. Bandyopadhyay; Advocate: P.H. Parekh; Advocate: Sameer Parekh; Advocate: Ms. Ruchi Khurana; Advocate: P. Parmeswaran; Advocate: Pallav Shishodia; Advocate: Subrat Birla; Advocate: N.K. Kaul; Advocate: Manoj Wad; Advocate: A.M. Khanwilkar
Jurisdiction
India
Judgment Date
24 November 1997
Procedural Posture
Writ Petition (civil) Under Article 32 of the Constitution of India / Final Decision by Supreme Court
Outcome
Petition dismissed
Legal Topics
Presidential and Vice Presidential Elections, Maintainability of Composite Election Cum Writ Petitions, Validity of Sections 5 B and 5 C of the Presidential and Vice Presidential Elections Act, 1952
Election Law Constitutional Law Presidential and Vice Presidential Elections Maintainability of Composite Election Cum Writ Petitions Validity of Sections 5 B and 5 C of the Presidential and Vice Presidential Elections Act, 1952

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Parties

Dharti Pakar Madan Lal Agrawal

Petitioner

K.R. Narayanan

Respondent No. 1

Attorney General, Ashok Desai

Advocate

T.R. Andhyarujina

Advocate

Soli J. Sorabjee

Advocate

C.L. Sahu

Advocate

S.K. Bandyopadhyay

Advocate

P.H. Parekh

Advocate

Sameer Parekh

Advocate

Ms. Ruchi Khurana

Advocate

P. Parmeswaran

Advocate

Pallav Shishodia

Advocate

Subrat Birla

Advocate

N.K. Kaul

Advocate

Manoj Wad

Advocate

A.M. Khanwilkar

Advocate

Procedural Posture

Writ Petition (civil) Under Article 32 of the Constitution of India / Final Decision by Supreme Court

Legal Issues

  1. 1 Whether a composite petition described as Election Petition-cum-Writ Petition is maintainable under Article 32 of the Constitution of India
  2. 2 Whether Sections 5-B and 5-C of the Presidential and Vice Presidential Elections Act, 1952 as amended by the Presidential and Vice Presidential Election (Ordinance), 1997 require reconsideration on the ground of validity

Ratio Decidendi

There is no substance in the submission that Charan Lal Sahu v. Neelam Sanjeeva Reddy needs reconsideration; composite election-cum-writ petition is not maintainable; the writ petition is dismissed as the challenge lacks merit.

Court Disposition

Petition dismissed

Orders

  • Application seeking exemption from payment of court fee allowed