SHIV KIRPAL SINGH versus SHRI V. V. GIRI

SHIV KIRPAL SINGH versus SHRI V. V. GIRI

There was no evidence connecting the respondent to the pamphlet or its distribution; nor evidence that the election result was materially affected by undue influence. The grounds and statutory challenges raised by the petitioners did not justify setting aside the election. The requirement of nomination rules was not unreasonable or ultra vires.

Parties
Petitioner: S. K. Singh; Respondent: Shri V. V. Giri
Jurisdiction
India
Judgment Date
14 September 1970
Procedural Posture
Election Petition / Final Decision
Outcome
petitions dismissed
Legal Topics
Presidential Election, Undue Influence, Bribery, Validity of Rules and Statutes, Electoral College
Election Law Constitutional Law Presidential Election Undue Influence Bribery Validity of Rules and Statutes Electoral College

Case Brief

Summary, issues, holding and outcome

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Parties

S. K. Singh

Petitioner

Shri V. V. Giri

Respondent

Procedural Posture

Election Petition / Final Decision

Legal Issues

  1. 1 Whether the Presidential election can be challenged on grounds other than those mentioned in Section 18 of Act 31 of 1952
  2. 2 Validity of Section 5(2) of the Presidential and Vice-Presidential Election Act, 1952
  3. 3 Whether undue influence as alleged materially affected the result of the election

Ratio Decidendi

There was no evidence connecting the respondent to the pamphlet or its distribution; nor evidence that the election result was materially affected by undue influence. The grounds and statutory challenges raised by the petitioners did not justify setting aside the election. The requirement of nomination rules was not unreasonable or ultra vires.

Court Disposition

petitions dismissed

Orders

  • No costs awarded to either side