Pakar Madan Lal Agarwal Vs. Shri K.R. Narayanan & Ors  INSC 846 (24
AGARWAL, G.N. ROY, A.S. ANAND, S.P. BHARUCHA, S.RAJENDRA BABU.
24TH DAY OF NOVEMBER, 1997 Present:
Mr. Justice S.C. Agarwal Hon'ble Mr. Justice G.N. Ray Hon'ble Mr. Justice A.S. Anand
Hon'ble Mr. Justice S.p. Bharucha Hon'ble Mr. Justice S.Rajendra Babu Ashok
Desai, Attornay General, T.R. Andhyarujina, Solicitor General, Soli J. Sorabjee,
Sr. Adv., (C.L. Sahu,) in-person, S.K. Bandyopadhyay, (Dharti Pakar and M.L. Agarwal,)
Advs.- In-Person, P.H. Parekh, Sameer Parekh, Ms. Ruchi Khurana, P.Parmeswaran,
Pallav Shishodia, Subrat Birla, N.K. Kaul, Manoj Wad and A.M. Khanwilkar, Advs.
with them for the appearing parties.
following Judgement of the Court was delivered:
petition has been filed by the petitioner in person. It has been described as
Election Petition-cum-Writ Petition. During the course of his submissions
before the Court it was pointed out to the petitioner that such a composite
petition is not maintainable and that the petitioner could choose to have the
petition treated as an election petition or a writ petition under Article 32 of
the Constitution. The petitioner submitted that the petition be treated as a
writ petition and that the reliefs sought by him regarding setting aside of the
election of respondent No. 1 may be deleted. As per the said statement of the
petitioner this petition has been treated as a writ petition filed under
Article 32 of the Constitution and reliefs (a),(d) and (h) has been deleted.
The petition is thus confined to the Challenge to the validity to the
provisions of Sections 5B and 5C of the Presidential and Vice- Presidential
Elections Act, 1952 [hereinafter referred to as 'the Act] as amended by
Presidential and Vice-Presidential Elections [Amendment] Ordinance, 1997 [No.
13 of 1997], hereinafter referred to as 'the Ordinance.' Insofar as the
challenge to the validity of Sections 5B and 5C, as amended by Act 5 of 1974 and
as they stood prior to the promulgation of Ordinance of 1997, has been upheld
by a 7-judge bench of this Court in Charan Lal Sahu vs. Neelam Sanjeeva Reddy,
1978 (1) SCR 1. The validity of Ordinance was challenged before this Court in
W.P.(C) Nos.293/97 and 322/97 which have been dismissed by orders dated June 19, 1997 and July 11,1997 respectively. The Ordinance has been replaced by the
Presidential and Vice-Presidential Elections [Amendment] Act, 997 [Act 35 of
1997]. The validity of the said Act was challenged in W.P. (C) No. D 13334/97
and the said writ petition was dismissed by order dated October 13, 1997.
petitioner has submitted that the decision of this Court Charan Lal Sahu vs. Neelam
Sanjeev Reddy [supra] needs reconsideration. We do not find any substance in
the said submission of the petitioner. There is thus no merit in this writ
petition and it is accordingly dismissed. The petitioner has also filed an
application seeking exemption from payment of court fee. We have perused the
said application. The said application is allowed.