KAKA JOGINDER SINGH ALIAS DHARTI PAKAD versus K.R. NARAYANAN VICE PRESIDENT OF INDIA

KAKA JOGINDER SINGH ALIAS DHARTI PAKAD versus K.R. NARAYANAN VICE PRESIDENT OF INDIA

Defects in the respondent's nomination papers regarding constituency description and guardian's name were not of substantial nature and did not mislead or create confusion. There was no cause of action or triable issue for undue influence as necessary pleadings were absent. Acceptance of respondent's nomination was proper, and the petition failed both grounds.

Parties
Petitioner: Kaka Joginder Singh alias Dharti Pakad; Respondent: K.R. Narayanan; Other: Returning Officer; Other: Election Commission
Jurisdiction
India
Judgment Date
16 July 1993
Procedural Posture
Election Petition / Final Judgment
Outcome
Election petition dismissed
Legal Topics
Vice Presidential Election, Nomination Papers, Undue Influence, Procedural Defects
Election Law Constitutional Law Vice Presidential Election Nomination Papers Undue Influence Procedural Defects

Case Brief

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Parties

Kaka Joginder Singh alias Dharti Pakad

Petitioner

K.R. Narayanan

Respondent

Returning Officer

Other

Election Commission

Other

Procedural Posture

Election Petition / Final Judgment

Legal Issues

  1. 1 Whether the acceptance of nomination papers of the returned candidate was wrong under Section 18(1)(c) of the Presidential and Vice-Presidential Elections Act, 1952
  2. 2 Whether the offence of undue influence was committed under Section 18(1)(a) by issuance of a whip by the Congress (I) Party

Ratio Decidendi

Defects in the respondent's nomination papers regarding constituency description and guardian's name were not of substantial nature and did not mislead or create confusion. There was no cause of action or triable issue for undue influence as necessary pleadings were absent. Acceptance of respondent's nomination was proper, and the petition failed both grounds.

Court Disposition

Election petition dismissed

Orders

  • Election of Shri K.R. Narayanan as Vice-President of India upheld
  • No costs awarded