CHARAN LAL SAHU versus NEELAM SANJEEVA REDDY

CHARAN LAL SAHU versus NEELAM SANJEEVA REDDY

The petition is barred due to the petitioner's lack of locus standi, as he was neither duly nominated nor complied with statutory requirements under ss. 5B and 5C of the Act. Further, ss. 5B and 5C do not conflict with Articles 58 or 14 of the Constitution, and the constitutional amendment introducing Article 71(3) is valid and does not violate the basic structure. Statutory conditions for nomination are reasonable and non-discriminatory.

Parties
Petitioner: Charan Lal Sahu; Respondent: Neelam Sanjeeva Reddy; Respondent: Attorney-General & Returning Officer
Jurisdiction
India
Judgment Date
15 February 1978
Procedural Posture
Election Petition / Original Jurisdiction Supreme Court
Outcome
Petition dismissed
Legal Topics
Presidential Elections, Nomination Requirements, Locus Standi, Validity of Statutory Provisions, Basic Structure Doctrine
Constitutional Law Election Law Presidential Elections Nomination Requirements Locus Standi Validity of Statutory Provisions Basic Structure Doctrine

Case Brief

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Parties

Charan Lal Sahu

Petitioner

Neelam Sanjeeva Reddy

Respondent

Attorney-General & Returning Officer

Respondent

Procedural Posture

Election Petition / Original Jurisdiction Supreme Court

Legal Issues

  1. 1 Whether ss. 5B and 5C of the Presidential and Vice-Presidential Elections Act, 1952 are in conflict with Article 58 of the Constitution
  2. 2 Whether ss. 5B and 5C violate Article 14 of the Constitution
  3. 3 Whether the petitioner has locus standi to maintain the petition

Ratio Decidendi

The petition is barred due to the petitioner's lack of locus standi, as he was neither duly nominated nor complied with statutory requirements under ss. 5B and 5C of the Act. Further, ss. 5B and 5C do not conflict with Articles 58 or 14 of the Constitution, and the constitutional amendment introducing Article 71(3) is valid and does not violate the basic structure. Statutory conditions for nomination are reasonable and non-discriminatory.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed
  • No order as to costs