SHRI CHARAN LAL SAHU AND ANR. versus SHRI K.R. NARAYANAN AND ANR.

SHRI CHARAN LAL SAHU AND ANR. versus SHRI K.R. NARAYANAN AND ANR.

Petitioners failed to comply with mandatory nomination requirements under Section 5-B, so lacked locus standi; challenge to validity of Section 5-B rejected; no violation of secrecy of ballot; election petition dismissed as not maintainable and abuse of process.

Parties
Petitioner: Charan Lal Sahu; Petitioner: Mithilesh Kumar; Respondent: K.R. Narayanan; Respondent: S. Gopalan
Jurisdiction
India
Judgment Date
24 November 1997
Procedural Posture
Presidential Election Petition / Judgment on Maintainability and Merits
Outcome
Petition dismissed with costs.
Legal Topics
Presidential Elections, Nomination Requirements, Locus Standi, Abuse of Process
Election Law Constitutional Law Presidential Elections Nomination Requirements Locus Standi Abuse of Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Charan Lal Sahu

Petitioner

Mithilesh Kumar

Petitioner

K.R. Narayanan

Respondent

S. Gopalan

Respondent

Procedural Posture

Presidential Election Petition / Judgment on Maintainability and Merits

Legal Issues

  1. 1 Whether petitioners had locus standi to challenge the Presidential election under the Act
  2. 2 Whether Sections 5-B and 5-C (as amended) violate the secrecy of ballot under Article 55(3)
  3. 3 Whether improper rejection/acceptance of nomination amounts to voiding the election

Ratio Decidendi

Petitioners failed to comply with mandatory nomination requirements under Section 5-B, so lacked locus standi; challenge to validity of Section 5-B rejected; no violation of secrecy of ballot; election petition dismissed as not maintainable and abuse of process.

Court Disposition

Petition dismissed with costs.

Orders

  • Petition dismissed with costs quantified at Rs. 10,000 to be deposited with the Supreme Court Legal Services Committee.
  • No petition filed by either petitioner in person shall be entertained unless costs are paid.