this will help to understand constitution

1. PRESENTATION
SUTAPA GARAI
2ND SEMESTER, LL.B (H) 3 YEARS
REGISTRATION NO.:- 1941803003
SUBJECT:- CONSTITUTIONAL LAW-II

2. CASE NAME:- CHARAN LAL SAHU V. NEELAM
SANJEEVA REDDY, 1978 AIR 499
PETITIONER:- CHARAN LAL SAHU
RESPONDENT:- NEELAM SANJEEVA REDDY
DATE OF JUDGMENT:- 15/02/1978

3. Facts of the Case
•Mr. Charan lal sahu filed his nomination papers as a candidate for the Presidential
elections-held on 19th July, 1977, which was not supported by the deposit
prescribed under Section 5C and not subscribed by any voter as a proposer and as a
seconder, as required by Section 5B of the Presidential and Vice-Presidential
Elections Act (Act 31), 1952 made under Article 71(1) of the Constitution of India.
•The Returning Officer rejected his nomination papers for non-compliance with the
provisions of Section 5B and Section 5C of the Presidential and Vice-Presidential Act
(Act 31), 1952.
•Later Neelam Sanjeeva Reddy was duly elected and the petitioner challenged the
said election under Section 14 of the Presidential and Vice-Presidential Act (Act 31),
1952.

4. Points of Determination
Whether the petitioner had “locus Standi” to maintain the petition in view
of Sections 5B and 5C of the Act?
Whether the petitioner could challenge the validity of these Sections?
Whether the Sections 5B and 5C of the Presidential and Vice-Presidential
Act (Act 31), 1952 were violating Article 14 of Indian Constitution?

5. Judgment
The petition was dismissed by the Supreme Court.
Held:- 1) Article 58 only provides the qualifications or conditions for the eligibility of a
candidate. It has nothing to do with the nomination of a candidate which requires ten proposers
and ten seconders. In the case of an election to such a high office as that of the President of
India, it is quite reasonable to lay down the conditions that a person who is allowed to contest
the election as a candidate must have at least ten proposers and ten seconders from amongst
hundreds of electors who are legislators. The subject-matter of sections 5B and 5C of Act 31 of
1952 is completely covered by the provisions of Article 71(1) of the Constitution.
2) Sections 5B and 5C of the Presidential and Vice-Presidential Act, 1952 are not in conflict with
Art. 14 of the Constitution. The conditions laid down in Sections 5B and 5C apply to all persons
who want to be candidates at a Presidential election without any discrimination. They prima
facie impose reasonable conditions to be observed by any person who wants seriously to
contest at a Presidential election. Hence, these provisions would be valid apart from Art. 71(3)
of the Constitution.
3) The impugned amendment of the Constitution in 1974 introducing Art. 71(3) only refers to a
law by which Parliament may regulate matters connected with the presidential election-
including those relating to election dispute arising out of such an election. It cannot be said to
take away the jurisdiction of the Supreme Court to decide any matter which may be pending
before it. All it does is to provide that the validity of any law falling under Art. 71(1) win not be
called in question in any Court. Inasmuch as Supreme Court has been constituted the authority
of Tribunal before which the election of the President can be questioned the effect of Art. 71(3)
is only to give effect to a well-known general principle which is applied by this Court that a Court

6. Or Tribunal functioning or exercising its jurisdiction under an enactment which is the source of
its powers. The Supreme Court functions as an election Tribunal set up under a law made by
Parliament under Art. 71(1) of the Constitution. Sections 5B and 5C of the Act and the
Constitution Amendment 1974, which introduced Art. 71(3) are valid. There is also no invasion
of any basic structure of the Constitution.
4) In an election petition, the petitioner must come within the four corners of the procedure or
manner for Questioning the Presidential election, in order to have a locus standi to challenge
the Presidential election to be able to maintain the petition. If he neither is nor can claim to be a
candidate, he would be lacking the right question the election. The effect of the provisions of
Sections 14(1), 14(2), and 14(3) and 14A(1) of the Act, r/w. order XXXIX rules 2 and 5 of the
Rules of the Supreme Court Rules, 1966 is that the petition, in this case, is barred because the
petitioner has not got the required locus standi to maintain it.
5) In the instant case, the petitioner is not a candidate within the meaning of Section 13 (a) of
the Act 31 of 1952, either duly nominated or one who could claim to be so nominated, and as
such his nomination paper was rightly rejected by the Returning Officer acting under Section 5E
of the Act.
6) It is obligatory upon the Court to reject a petition outright and not to waste any more time
upon a plaint or petition if the provisions of law bar or shown to bar proceedings. Indeed, it is
not even necessary to issue a notice to any opposite party or parties in such a case. But, where
the petition or plaint of the petitioner is rejected under Order XXHI Rule 7 of Supreme Court
Rules, 1966, the “Court shall record an order to that effect with the reasons for the order.”
In the instant case, the petition is barred by the provisions of Sections 14(1) and (3) r/w. Secs. 5B
and 5C, Section 14A of the Act and Order XXXIX rules 2 and 5 of the Supreme Court Rules 1966
framed under Part III mentioned in Sec. 14(3) of the Presidential and Vice-Presidential Elections
Act 1952.

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