SC declines plea challenging provision requiring Presidential candidate to be subscribed by lawmakers

DN Bureau

The Supreme Court on Wednesday declined to entertain a plea filed by a man who has been unsuccessfully attempting to contest Presidential polls, challenging the validity of the legal scheme envisaging that a candidate for the election of the top office must be subscribed by at least 50 MPs or MLAs as proposers and 50 as seconders respectively.

Supreme Court (File Photo)
Supreme Court (File Photo)


New Delhi: The Supreme Court on Wednesday declined to entertain a plea filed by a man who has been unsuccessfully attempting to contest Presidential polls, challenging the validity of the legal scheme envisaging that a candidate for the election of the top office must be subscribed by at least 50 MPs or MLAs as proposers and 50 as seconders respectively.

A bench of Justices Surya Kant and JB Pardiwala declined to hear the plea and asked the petitioner to withdraw it.

The petitioner, Bam Bam Maharaj Nowhattia, then withdrew the plea.The petition filed by Nowhattia, a Delhi resident who claims to be a social activist, challenged the constitutional validity of certain provisions of the Presidential and Vice-Presidential Elections Act, 1952 which deal with the public notice of election, the nomination of candidates and the presentation of nomination papers and requirements for a valid nomination.

Besides challenging the provisions, Nowhattia has also sought the nod of the apex court to contest the post of the President. Nowhattia has unsuccessfully tried to contest the presidential elections since 2007.

Meanwhile, the bench also dismissed a petition seeking direction to Returning Officer to accept his nomination papers for contesting July 18 elections for the President's post.

The plea was filed by one Mandati T Reddy who had sought to file a nomination for the ensuing election of President of India, but the same was rejected by the returning officer of Secretary General, Lok Sabha, Parliament House.

The bench noted his nomination paper did not comply with the requirements envisaged under Section 5B(1)(a) of the Presidential and Vice Presidential Election Act, 1952. The 16th presidential election is scheduled for July 18 this year and the counting of votes will take place three days after the polling. 

Draupadi Murmu and Yashwant Sinha are contesting for the presidential post as candidates of the ruling NDA and the opposition parties led by UPA respectively. (ANI)










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