Saurav Joon

16717703814
IX-C

Legal Ethics
PSDA-I
Topic: Election Petition under the Supreme Court Rules
1966

The Union Executive consists of the President, Vice-President and a Council of

Ministers with Prime Minister as the head to aid and advise the President.
Article 52 of the Constitution provides that the Executive Powers of the Union
Government are exercised by the President either directly by him or through
officers subordinate to him.

The President of India is elected by the members of an Electoral College

consisting of:

 Elected members of both hoses of Parliament, and

 Elected members of Legislative Assemblies of States (including National
Capital Territory of Delhi and the Union Territory of Pondicherry vide
Constitution 78th Amendment Act, 1992.

NOTE: Nominated members of either house of Parliament of Sate Assemblies

are not eligible to be included in the Electoral College.

Election Dispute [ Article 71]

Disputes concerning the election of President and Vice-President can be
challenged before the Supreme Court and whose decision shall be final.
[Article 71(1)]. Therefore, Article-71(1) merely prescribes the forum in which
disputes relating to election of President and Vice-President would be
enquired into, but the right to move the Supreme Court as well as the
procedure thereof are determined by an Act of Parliament as authorised by
Article 71(3). By virtue of the Power conferred on Parliament under Article
71(3) of the Constitution, Parliament has enacted the Presidential and the
Vice-Presidential Act,1952 Order XLVI of the Supreme Court Rule 2013,
containing 40 rules deal with election petitions.

PROCEDURE FOR FILING ELECTION PETITIONS BEFORE SUPREME

COURT –

Order XLVI of the Supreme Court Rule, 2013 contains the rules relating to
election petitions under Part –III of the Presidential and Vice Presidential
Elections Act, 1952.

FORM AND CONTENTS OF THE PETITION, COURT-FEE, ETC.

An application calling in question an election shall only be by a petition made

and presented in accordance with the provisions of this order. The petition
shall be divided into paragraphs, numbered consecutively, each paragraph
being confined to a distinct position of the subject, and shall be printed or
typed legibly on one side of standard A-4 size paper. The petition shall state
the right of the petitioner under the act to petition the court and briefly set for
the grounds relied on by him to sustain the relief of reliefs claimed by him. The
allegations of fact contained in the petition shall be verified by an affidavit to
be made personally by the petitioner or by one of the petitioners, if there are
more than one petitioners. A petition calling in question and election may be
presented on one or more of the ground specified in section 18 (1) and section
19 of the act by any candidate at such election, or:

 In the case of presidential election, by 20 or more electors join

together as petitioners;
 In the case of vice presidential election, by 20 or more electors
joined together as petitioners.

Every petition calling in question an election shall bear a Certificate from

an advocate designated as senior advocate to the effect that the petition
discloses one or more substantial questions for challenging the election
 of the President or the Vice President as the case maybe. With the
petitioner claims a declaration under clause (A) of section 16 of the act,
all candidates shall be impleaded as respondent and where the
declaration is sought under clause (B) of section 16 of the act, all
candidates shall be impleaded as respondent. The petition shall be made
on a court-fee tramp of the value of Rs.20,000 and shall be signed by the
petitioner, or all the petitioners, if there are more than one, or by a duly
authorised advocate on record of the court, on his behalf. The petition
may be presented at any time after the date of publication of election
result containing the names of the returned candidate at the election
under section 12 of the act, but not later than 30 days from the date of
such publication. The petition shall be presented before registrar of the
court and should contain at least 12 copies of the petition. Upon the
presentation of the petition, the petitioner, shall deposit a sum of
Rs.50,000 in cash/by bank draft with the registrar or officer nominated
by him as security for the payment of all costs that may become payable
by the petitioner.

PRELIMINARY HEARING OF THE PETITION-

Upon presentation of the petition the same shall be posted before a bench of
the court consisting of five judges for preliminary hearing and order is for
service of the petition and advertisement thereof as the court may think
proper and also appoint a time for hearing of the petition. Upon preliminary
hearing, the court, is satisfied, that the petition does not deserve regular
hearing as contemplated in rule 22 of this order may dismiss the petition or
passed any appropriate order as the court may deem fit.

NOTICE OF THE PETITION TO BE GIVEN TO THE ATTORNEY GENERAL,

ELECTION COMMISSION AND THE RETURNING OFFICER-PUBLICATION
IN THE OFFICIAL GAZETTE AND ADVERTISEMENT IN NEWSPAPER-

The notice of the presentation in the petition, accompanied by a copy of the

petition, shall within five days of the presentation thereof or within such for
the time as the court may allow, be served by the petitioner or his advocate on
record on the respondent or respondents, the secretary to the election
commission, the returning officer and the attorney-general for India. Search
service shall be effected personally or by registered post, as the court or
registrar may direct. Immediately after such Service the petitioner or his
advocate on record shall filed with the registrar an affidavit of the time and
manner of such service. Further, the notice of the presentation of the petition
shall be published in the official gazette and also advertised in newspapers at
the expense of the petitioner or petitioners, 14 clear days before the date
appointed for the hearing thereof in such manner as the court of the registrar
may direct.

Copies to be supplied to an elector on payment of requisite

charges-
Every elector shall on payment of the usual fees be entitled within 24 hours
after such payment, to be furnished by the petitioner or his advocate on
record with a copy of the petition and of the affidavit in verification thereof
and shall also be entitled upon payment of the prescribed fees to obtain copies
from the court. further, the person on whom the notice of the presentation of
the petition has been served or any other candidate or an elector who intends
to appear on the hearing of the petition shall leave with, or send by registered
post, the petitioner or his advocate on record, if any. Such notice shall be
served or if sent by registered post, shall be posted in time to reach the
addressee not later than two clear days before the day appointed for the
hearing of the petition. no person who has failed to comply with this rule shall
be allowed to appear on the hearing of the petition without the leave of the
court.

Saurav Joon
16717703814
IX-C