DR. N. B. KHARE versus ELECTION COMMISSION OF INDIA

DR. N. B. KHARE versus ELECTION COMMISSION OF INDIA

Petition challenging the validity of Presidential election must strictly comply with the statutory requirements under the Presidential and Vice-Presidential Elections Act, 1952 and corresponding Supreme Court Rules; rights to challenge arise only under the statute and not apart from it.

Parties
Petitioner: Dr. N. B. Khare; Respondent: Election Commission of India
Jurisdiction
India
Judgment Date
14 October 1957
Procedural Posture
Civil Miscellaneous Petition / Appeal Against Registrar's Order Returning Petition
Outcome
Petition dismissed
Legal Topics
Presidential Election, Jurisdiction of Supreme Court, Statutory Procedure for Election Disputes
Constitutional Law Election Law Presidential Election Jurisdiction of Supreme Court Statutory Procedure for Election Disputes

Case Brief

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Parties

Dr. N. B. Khare

Petitioner

Election Commission of India

Respondent

Procedural Posture

Civil Miscellaneous Petition / Appeal Against Registrar's Order Returning Petition

Legal Issues

  1. 1 Whether the petition questioning the validity of the Presidential election is maintainable under Article 71(1) of the Constitution
  2. 2 Whether the Presidential and Vice-Presidential Elections Act, 1952 and Supreme Court Rules are valid or ultra vires Article 71(1)
  3. 3 Whether a citizen has the right to approach the Supreme Court for relief when elections are held in breach of constitutional provisions

Ratio Decidendi

Petition challenging the validity of Presidential election must strictly comply with the statutory requirements under the Presidential and Vice-Presidential Elections Act, 1952 and corresponding Supreme Court Rules; rights to challenge arise only under the statute and not apart from it.

Court Disposition

Petition dismissed

Orders

  • Appeal dismissed
  • Petitioner has no rights apart from those given by statute to file an application for setting aside an election