63 and 64 of 1957
Petitions under Article 711 of the Constitution of India for clarification of doubts in connection with the election of the President
R V section Mani and I R V Sastri for the petitioner in Petition No 63 of 1957
R Patnaik for the petitioner in Petition No 64 of 1957
M C Setalvad Attorney General for India G N Joshi Porus A Mehta and R H Dhebar for the respondents Caveators in both the petitions
May 3
The Judgment of the Court was delivered by DAS C J
The petitioners in the above petitions have moved this Court to exercise the jurisdiction and power vested in it by and under article 711 of the Constitution of India and to inquire into and decide what has been described as a grave doubt in connection with the election of the President of India and to direct the Election Commission not to proceed with the polling in connection with the said election which has been fixed for May 6 1957 but to hold the same after duly completing all the elections to the Lok Sabha and the Legislatures in all the States of the Indian Union including the Union territory
The first main petition was presented on April 26 1957 and the second on April 29 1957
Along with each of the said petitions has been filed a Civil Miscellaneous Petition asking for a stay of the polling for the Presidential election fixed 1083 for May 6 1957
In the first main petition the Returning Officer has not been made a party but in the second petition he has been impleaded as a respondent
The learned Attorney General has appeared on behalf of the Election Commission and has waived the service of notice
We can therefore dispose of all the petitions before us
There is no dispute as to the material facts which may shortly be stated as follows After the general elections in all the States and Union territories of India except in the Union territory of Himachal Pradesh which is to return four members to the Lok Sabha and in two constituencies in the State of Punjab the old Lok Sabha was dissolved on April 4 1957 and the New Lok Sabha was constituted on April 5 1957 under section 73 of the Representation of the People Act XLIII of 1951
As required by section 4 of the Presidential and Vice Presidential Election Act 1952 XXXI of 1952 the Election Commission issued a notification in the official Gazette appointing April 16 1957 as the last date for making nominations April 17 1957 as the date for the scrutiny of the nominations April 20 1957 as the last date for the withdrawal of candidatures May 6 1957 as the polling date and May 10 1957 as the date for the counting of the votes and the declaration of the result
The term of office of the present President is due to expire on the mid night of May 12 1957
The reason for fixing the above time schedule obviously was that the Presidential election should be completed before the term of office of the present President expired
After the notification constituting the new Lok Sabha was published in the Press on April 7 1957 the petitioner in the first petition applied to the Election Commission for the supply of the nomination papers which he eventually received at Nagpur in the afternoon of April 10 1957
This left a period of five days for the filing of the nomination paper before the Returning Officer at New Delhi
The petitioner submits that the time was too short and he was prevented from filing his nomination paper due to want of time
He 1084 has filed the petition as a citizen of India and as an intending candidate for the Presidential election
The petitioner in the second petition is a member of the Hindu Mahasabha and is contenting the election to the Lok Sabha as an independent candidate from Kangra Parliamentary constituency in the State of Punjab
He filed his nomination paper on January 28 1957 as originally the polling was scheduled to commence in that constituency on February 24 1957
The polling however has since been postponed and fixed for June 2 1957
He has filed the petition as a citizen of India and as a prospective member of Lok Sabha and contends that if the Presidential election is held on May 6 1957 he will be deprived of his right to vote for the election of the President of the Union
He has also complained of discrimination offending against article 14 of the Constitution
Under article 56 of the Constitution the President holds office for a term of five years from the date on which he enters upon his office
The present incumbent of the high office entered upon his office on May 12 1952 and as already stated his term is due to expire on the mid night of May 12 1957
Article 621 peremptorily requires that the election to fill the vacancy caused by the expiration of the term of office of the President shall be completed before the expiration of the term
It is necessary to bear in mind this clear mandatory provision of the Constitution
For ascertaining how such election of President is to be held we have to go back to article 54 which runs thus  54
The President shall be elected by the members of an electoral college consisting of a the elected members of both Houses of Parliament  and b the elected members of the Legislative Assemblies of the States
 On one side it is said that the electoral college is to consist of those members falling under clauses a and b who are elected at the crucial date that is to say the date when the election is to take place
Suppose it is said that the term of the President s office expires during the currency of the life of Parliament as it 1085 may well do in cases contemplated by article 622 and suppose there are vacancies in Parliament or in the Legislature of one or more States surely the election of the President required by article 621 to be held before the expiry of the term of the outgoing President cannot be held up until the vacancies are filled up  On the other hand it is contended that the electoral college must be constituted after the elections in all States and Union territories are completed and should consist of all the elected members falling within both the categories
Inasmuch as elections have not taken place at all in Himachal Pradesh and in two constituencies of the State of Punjab the electoral college cannot be constituted until after those members are also elected
It is pointed out that though on the present occasion only four members of Himachal Pradesh and only two members in the State of Punjab have not been elected nevertheless if the objection of the petitioners is not now heeded any party in power may in future arrange for the election of its own nominee as President by postponing the elections in several States where it may not expect to get a majority of seats
It is said that on March 28 1957 some members of the then Lok Sabha had raised a question as to the danger and impropriety of holding the election of the President before the completion of the elections throughout the territory of India
Both the petitioners share the same view and contend that a  grave doubt  has arisen in connection with the election of the President and that such a doubt must under article 71 be inquired into and decided by this Court
The extreme contention put forward on behalf of the petitioners is that it does not matter whether the doubt is well founded or not or whether it is good bad or indifferent this Court is bound to inquire into and decide the same as soon as a doubt arises and a citizen brings it before this Court for resolution thereof
For the purpose of this case it is not necessary for us to express any opinion on the merits of the respective contentions for these petitions may well be disposed of on a narrower preliminary ground
1086 Article 71 1 Undoubtedly confers jurisdiction and power on this Court to inquire into and decide  all doubts and disputes arising out of or in connection with the election of President or Vice President  and this Court will have to inquire into and decide the same
But the question is whether there is anything in the Constitution indicating the time at which and the manner in which such doubts and disputes have to be inquired into and decided
Under article 324 the superintendence direction and control of the prepa ration of the electoral rolls for and the conduct of all election to Parliament and to the Legislature of every State and of elections to the office of President and Vice President held under this Constitution including the appointment of election tribunals for the decision of doubts and disputes arising out of or in connection with elections to Parliament and the Legislatures of States shall be vested in the Election Commission
It will be noticed that identical words are used namely  doubts and disputes arising out of or in connection with elections  which are also to be found in article 71 1
By article 327 Parliament was authorised to make provision with respect to all matters  relating to or in connection with elections  to Parliament or to the Legislatures of the States
article 329 provides amongst other things that notwithstanding anything in this Constitution no election to either House of Parliament or either House of Legislature of a State shall be called in question except by an election Petition presented to such authority and in such manner as may be provided for by or under any law made by the proper legislature
In exercise of powers thus conferred on it Parliament enacted the Representation of the People Act 1951 providing how elections are to be held and how and on what grounds such elections may be called in question
It also set up a special forum called Election Tribunal for the decision of  doubts and disputes arising out of or in connection with such elections
 In NP Ponnuswami vs Returning Officer Namakkal Constituency 1 the Returning Officer for that constituency had rejected the 1  1087 nomination paper of the appellant
Thereupon the appellant applied to the High Court of Madras under article 226 of the Constitution for a writ of certiorari to quash the order of the Returning Officer rejecting his nomination paper and to direct the Returning Officer to include his name in the list of valid nominations to be published
The High Court of Madras dismissed the petition and the appellant brought an appeal to this Court
The Full Court held that in view of the provisions of article 329 b of the Constitution and section 80 of the Representation of the People Act 1951 the High Court had no jurisdiction to interfere with the order of the Returning Officer
The main controversy in the appeal centered round the words no election shall be called in question except by an election petition  occurring in article 329 b
The most important question for determination by this Court was the meaning to be given to the word  election  in article 329 b
This Court said at page 226 That word has by long usage in connection with the process of selection of proper representatives in democratic institutions acquired both a wide and a narrow meaning
In the narrow sense it is used to mean the final selection of a candidate which may embrace the result of the poll when there is polling or a particular candidate being returned unopposed when there is no poll
In the wide sense the word is used to connote the entire process culminating in a candidate being declared elected
 After referring to the cases of Srinivasalu vs Kuppuswami 1 and Sat Narain vs Hanuman Prasad 2  and a passage in Halsbury s Laws of England 2nd edition Volume 12 page 237 this Court took the view that the word election  could be and had been properly used with respect to the entire process which consisted of several stages and embraced many steps some of which might have an important bearing on the result of the process and therefore held that in view of the provisions of article 329 b of the Constitution and section 80 of the Representation of the People Act 1951 the High Court had no jurisdiction to interfere with the 1 AIR 1928 Mad 253 255
2 AIR 1945 Lah
1088 order of the Returning Officer under article 226
The only way such an order could be called in question was as laid down in article 329 b of the Constitution and section 80 of the Representation of the People Act 1951 and this could be done only by an election petition presented before the Election Tribunal after the entire process of election culminating in a candidate being declared elected had been gone through
On such election petition being filed the Election Tribunal would be properly bound to inquire into and decide all doubts and disputes arising out of or in connection with the election  irrespective of the stage in the entire election process to which the  doubts and disputes relate
We now approach the construction of article 71 in the light of the decision of this Court
As already indicated article 711 confers jurisdiction and power on this Court to inquire into and decide id all doubts and disputes arising out of or in connection with the election of a President or Vice President
The question is Is there in this Article or in any other part of the Constitution or anywhere else any indication as to the time when such inquiry is to be held  In the first place article 71 postulates an  election of the President or Vice President  and provides for inquiry into doubts and disputes arising out of or in connection with such an election
What is the meaning to be given to the word  election  as used in this Article If we give to the word election occurring in article 711 the same wide meaning as comprising the entire election process culminating in a candidate being declared elected then clearly the inquiry is to be made after such completed election ie after a candidate is declared to be elected as President or Vice President as the case may be
We see no reason why this accepted meaning should not be given to the critical word
In the second place under cl 3 of article 71 subject to the provisions of this Constitution Parliament may by law regulate any matter  relating to or connected with the election  of a President or Vice President
The words here also are similar to those used in article 327 and are equally wide enough to cover matters relating to or 1089 connected with any stage of the entire election process
In exercise of powers conferred on it by article 713 Parliament has enacted the Presidential and Vice Presidential Election Act 1952 XXXI of 1952 to regulate certain matters relating to or connected with elections to the office of President and Vice President of India
A glance through the provisions of this Act will indicate that in the view of Parliament the time for the exercise of jurisdiction by this Court to inquire into and decide doubts and disputes arising out of or in connection with the Presidential election is after the entire election process is completed
Under section 14 of this Act which corresponds to section 80 of the Representation of the People Act 1951 no election meaning the election of the President or Vice President shall be called in question except by an election petition presented to this Court in accordance with the provisions of Part III of that Act and of the rules made by this Court under article 145
Section 18 which lays down the grounds for declaring the election of a returned candidate to be void runs as follows 18
Grounds for declaring the election of a returned candidate to be void If the Supreme Court is of opinion a that the offence of bribery or undue influence at the election has been committed by the returned candidate or by any person with the connivance of the returned candidate or b that the result of the election has been materially affected i by reason that the offence of bribery or undue influence at the election has been committed by any person who is neither the returned candidate nor a person acting with his connivance or iiby the improper reception or refusal of a vote or iiiby the non compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act or c that the nomination of any candidate has been wrongly rejected or the nomination of the successful candidate or of any other candidate who has 140 1090 not withdrawn his candidature has been wrongly accepted the Supreme Court shall declare the election of the returned candidate to be void
2 For the purposes of this section the offences of bribery and undue influence at an election have the same meaning as in Chapter IX A of the Indian Penal Code Act XLV of 1860
It is quite clear from the language of the section that any improper reception or refusal of a vote or any non compliance with the provisions of the Constitution or of the Act or of any rules or orders made under the Act or the improper acceptance or rejection of a nomination paper may be made a ground for challenging the election
This means that all doubts and disputes relating to any stage of the entire election process is to be canvassed by an election petition presented to this Court after the election in its wide sense is concluded
The above stated interpretation appears to us to be in consonance with the other provisions of the Constitution and with good sense
If doubt or dispute arising out of or in connection with the election of a President or Vice President can be brought before this Court before the whole election process is concluded then conceivably the entire election may be held up till after the expiry of the five years  term which will involve a no compliance with the mandatory provisions of article 62
The well recognised principle of election law Indian and English is that elections should not be held up and that the person aggrieved should not be permitted to ventilate his individual interest in derogation of the general interest of the people which requires that elections should be gone through according to the time schedule
It is therefore in consonance both with the provisions of article 62 and with good sense to hold that the word election used in article 71 means the entire process of election
That is what Parliament understood to be the meaning of article 71 as is apparent from the Presidential and Vice Presidential Election Act 1952
Again this Court has framed rules under article 145 to regulate the 1091 procedure and a perusal of those rules will also indicate that  all doubts and disputes arising out of or in connection with the election of a President or Vice President  should be brought before the court after the result of the entire election is declared that is to say after a candidate is declared to be elected to the office of President or Vice President
It is pointed out that if the petitioners are compelled to wait until after the entire election process is concluded and then to file election petitions they will have to show that the result of the election has been materially affected as required by section 18 of the Presidential and Vice Presidential Election Act 1952
It is contended that there is no reason why this extra burden or hardship which is not in terms imposed by article 71 should be placed upon the petitioners
It is not necessary for the purposes of disposing of these petitions to express any opinion as to the validity or otherwise of this requirement of section 18 and we do not do so
But the plea of alleged hardship brought about by section 18 cannot alter the true meaning and import of article 71
In our judgment article 71 postulates an election and the word election  occurring in article 71 means the entire election process culminating in a candidate being declared elected and doubts and disputes arising out of or in connection with any of the stages of such completed election have to be inquired into and decided by this Court which in point of time must necessarily be after the completion of the entire process compendiously called the election
Learned counsel appearing for the petitioner in the second petition raised an additional point that the Election Commission by fixing the election on May 6 1957 has arbitrarily deprived the members representing territorial constituencies like Kangra and Himachal Pradesh of their right to exercise and enjoy other privileges of membership of Parliament
This argument was raised half heartedly at the fag end of his argument in reply and was not seriously pressed
In any event he did not advance any cogent argument showing how the petitioner had been deprived of the equal protection of the law
Elections have to be held in numerous 1092 constituencies and different dates have to be fixed for holding the actual elections in different constituencies according to the various exigencies relating to the particular localities in which the constituencies are situate
No good ground has been established for holding that there has been any discrimination such as is prohibited by article 14 of the Constitution
In so far as the alleged discrimination if any in breach of the equal protection clause of the Constitution may be said to be calculated to raise any doubt in connection with the election of the President it will at best be a noncompliance with the provisions of the Constitution which may or may not after the conclusion of the entire election be made a ground under section 18 of the Presidential and Vice Presidential Election Act 1952 for calling the election in question as to which we need formulate no final opinion at this stage
We express no opinion on the merits of any of the controversies between the parties but for the foregoing reasons we hold that the present petitions are premature and cannot be entertained at this stage
We therefore dismiss the petitions Nos 63 and 64 of 1957
Civil Miscellaneous Petitions Nos
563 and 564 of 1957 will also stand dismissed
Petitions dismissed


Summary:
The petitioners entertained grave doubts as to the propriety of holding the Presidential election before the general elections had been completed throughout the entire territory of India and by applications filed under article 711 of the Constitution as citizens of India invoked the jurisdiction and power of the Supreme Court thereunder to inquire into such doubts and sought for an order restraining the Election Commission from taking the poll in connection with the election of the President fixed for May 6 1957 till the general elections in the Union territory of Himachal Pradesh and in two Lok Sabha Constituencies of the State of Punjab which were still to be held had been completed
The expiry of the term of office of the then President which caused the Presidential election was to come about on the mid night of May 12 1957
One of the petitioners alleged that he was a candidate for the Presidential election and the time intervening between the date when he received his nomination paper and the date fixed for the filing of it was too short to enable him to file it within time and the case of the other was that he was a prospective candidate for election to the Lok Sabha from one of the Punjab Constituencies where election was yet to be held and would be prevented from exercising his right to vote for the election of the President
Held that the present petitions were premature and must be dismissed  The jurisdiction and power conferred on the Supreme Court by article 711 of the Constitution to inquire into and decide doubts and disputes arising out of and in connection with the election of the President can be exercised only after a particular candidate has been declared elected and on an election petition filed under section 14 of the Presidential and Vice Presidential Election Act of 1952
The word election  in article 71 of the Constitution is used in the wider sense to denote the entire process of election culminating 139 1082 in a candidate being declared elected and doubts and disputes arising out of and in connection with such election must include all doubts and disputes relating to any particular stage of it
N P Ponnuswamy vs Returning Officer Namakkal Constituency   referred to
It is a well recognised principle of the law of election that an election cannot be held up to facilitate the ventilation of individual grievances in derogation of the interest of the people in general and article 62 Of the Constitution which requires that the election of President must be completed within the time fixed by it and has been conceived in such interest is mandatory in character