Only Supreme Court has Domain to hear a Challenge to Presidential Election, Read HC Order

 

The Delhi High Court has observed that only Supreme Court can deal with petition challenging Presidential Election.

The single-judge bench of Justice Sanjeev Narula in a petition seeking disqualification those MPs and MLAs who have been imprisoned/ incarcerated for various offences from participating in the presidential elections observed that only remedy in relation to a Presidential election can be by way of an election petition after declaration of the result with Supreme Court havinf exclusive jurisdiction to deal with the same. 

The Court at the ouset noted that the timing of the petition on the eve of Presidential Election, and not before, makes the intention of the petition ‘highly suspect.'

It noted:

"Article 71(1) categorically provides that all doubts and disputes arising out of, or in connection with the election of the President or Vice President, shall be inquired and decided by the Supreme Court, and thus, since the above-extracted relief is qua the electoral college for the Presidential election, the same cannot be entertained by this Court."

The Court also noted:

"The present writ petition is also not maintainable, for the reason that the only remedy in relation to a Presidential election, can be by way of an election petition after declaration of the result.1 Section 14(2) of the 1952 Act also confers exclusive jurisdiction on the Supreme Court to hear such matters." 

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(With input from news agency language)

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