Case Summary: Charan Lal Sahu vs. Giani Zail Singh

Author: Mayank Raj

Case Name: Charan Lal Sahu vs. Giani Zail Singh

Citation

1984 AIR 309, 1984 SCR (2) 6.

Bench

Y.V. CHANDRACHUD (CJ), P.N.BHAGWATI, AMARENDRA NATH SEN, D.P.MADON, M.P.THAKKAR.

Introduction

The case Charan Lal Sahu vs. Giani Zail Singh is that the election would be held for the President of India nominations were filed by two candidates Giani Zail Singh and Shri H.R.Khanne. Also, the election was held on 12 July 1982 and Giani Zail Singh won the election and declared as the successful candidate.

After that, the petitioner of 1982 who filed their nomination paper filed the petition. In the petition states that Giani Zail Singh exercised undue influence over the voters that his confidence in the various ground.

A primer issue with the viability of these petitions was raised for and the Attorney General. It was fought that neither one nor the other applicants was an ‘up-and-comer’ inside the significance of section 13(a) of the Presidential and Vice-Presidential Elections Act, 1952 and since under section 14A, a political race request can be filed just by an individual who was an applicant at the political race, the solicitors had no remaining to file the petitions.

Facts                     

The fact of the case is that the petitioner duly nominated for presidential election. Ten electors as proposers and ten electors as did not subscribe the nomination papers filed by them seconders. It was precisely for this reason that the Returning Officer rejected their nomination papers. Since the nomination papers of the two petitioners were not subscribed as required by section 5B (1) (a) of the Act, it Follows that they were not duly nominated as candidates at the election. 27 Members of Parliaments challenging the election of filed election Petition No. 4 of 1982 in Giani Zail Singh as the President of India. Battling that the petitioners together supported the candidature of Shri Khanna, a previous Judge and that Giani Zail Singh was not a “Appropriate individual “for holding the high office of the Leader of India and that Shri M.H. Ask previous Chief Equity and Chairman of the Minorities Commission, was connected with by Giani Zail Singh and by the Prime Minister “for impacting the votes of the Minority Communities and that a Cabinet Minister of the Union Government, a supporter and close associate of  Giani Zail Singh practiced unnecessary impact over the electors by abusing the Government machinery and that a statement was given by him through the Press Info- Authority approaching the electors to decide in favor of Giani Zail Singh  that the Prime Minstar took an interest in the political race of Giani Zail Singh and abused to Government apparatus for that reason that the Prime Minister made a public intrigue to the Akali Dal that its individuals should decide in favor of Giani Zail Singh and that Government helicopters and vehicles were abused for the motivation behind the appointment of Giani Zail Singh, and that these various demonstrations were committed by supporters of Giani Zail Singh with his intrigue. It was fought in the interest of Giani Zail Singh that even expecting that the previously mentioned charge were genuine they did not reveal any cause    of activity for setting aside the appointment of Giani Zail Singh.

Issue

• Whether the election of a candidate to the office of the president of India is challenged on the ground that he is not a suitable person for holding the office.
• Whether the declaration in the Election Petition, assuming them to be true and correct disclose any cause of action for setting aside the election of the returned candidate on the ground stated in section 18 (1) (a) of the Act.

Judgment

The Judgment of the Court states by CHANDRACHUD, C.J. That these three Election petitions are filed under section 14 of the Presidential and Vice- Presidential Elections Act, 1952 to challenge the election of Giani Zail Singh, as the President of India. The election to the office of the President of India was held on July 12, 1982. All, 36 candidates had filed nomination papers including Shri Charan Lal Sahu who is the petitioner in election Petition No. 2 of 1982 and Shri Nem Chandra Jain who is the petitioner in election Petition No.3 of 1982. The Returning Officer accepted the nomination papers of two candidates only: Giani Zail Singh and Shri H.R. Khanna, a retired Judge of this Court. The result of the election was published in the Extraordinary Gazette of India on July 15. 1982 declaring Giani Zail Singh as the successful candidate. He took oath of office on July 25, 1982.

The petitions were dismissed and he completes all criteria for the presidential election.