SHRI BABURAO PATEL & ORS. versus DR. ZAKIR HUSAIN & ORS.

SHRI BABURAO PATEL & ORS. versus DR. ZAKIR HUSAIN & ORS.

A candidate for election to the office of President is not required to take an oath under Article 84 as a necessary qualification for nomination; and mere canvassing or advice by party leaders and Ministers to electors, even if in the form of a whip or recommendation, does not amount to undue influence within the...

Source-derived case information.

Parties
Petitioner: Shri Baburao Patel & Ors.; Respondent: Dr. Zakir Husain & Ors.; Respondent: Election Commission of India and Returning Officer, Presidential Election, New Delhi; Respondent: Attorney-General for India; Respondent: Respondent No. 6; Respondent: Respondent No. 10; Respondent: Respondent No. 12; Respondent: Respondent No. 14; Respondent: Respondent No. 17
Jurisdiction
India
Judgment Date
07 November 1967
Procedural Posture
Election Petition / Judgment
Outcome
Petition dismissed
Legal Topics
Eligibility for Presidential Office, Undue Influence in Elections, Canvassing, Oath Requirement
Constitutional Law Election Law Eligibility for Presidential Office Undue Influence in Elections Canvassing Oath Requirement

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Summary, issues, holding and outcome

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Parties

Shri Baburao Patel & Ors.

Petitioner

Dr. Zakir Husain & Ors.

Respondent

Election Commission of India and Returning Officer, Presidential Election, New Delhi

Respondent

Attorney-General for India

Respondent

Respondent No. 6

Respondent

Respondent No. 10

Respondent

Respondent No. 12

Respondent

Respondent No. 14

Respondent

Respondent No. 17

Respondent

Procedural Posture

Election Petition / Judgment

Legal Issues

  1. 1 Whether nomination papers were illegally accepted due to lack of oath under Article 84(a) read with Article 58(1)(c)
  2. 2 Whether acts and conduct alleged amounted to undue influence under s. 18(1)(b) of the Presidential & Vice-Presidential Elections Act, 1952

Ratio Decidendi

A candidate for election to the office of President is not required to take an oath under Article 84 as a necessary qualification for nomination; and mere canvassing or advice by party leaders and Ministers to electors, even if in the form of a whip or recommendation, does not amount to undue influence within the meaning of section 18(1)(b) of the Presidential & Vice-Presidential Elections Act, 1952.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed
  • No order as to costs