On Wednesday the Supreme Court of India refused to entertain the plea of Dr Tirupati Reddy who had filed nominations for the ensuing elections for president of India.
A bench comprising Justice Surya Kant and J.B. Pardiwala noted that the nomination papers of the petitioner did not comply with the requirements of the president and vice president elections act 1952.
Under section 5p it is stated that the presentation of nomination papers and requirements for the valid nomination –(1) before the date that is appointed under the clause (a) of sub-section (1) section 4, every candidate either in person or by any proposers between the hours 11 o'clock in the forenoon to 3 p.m. shall deliver to the returning officer at a specified place and on this behalf the public notice issued under section 5 nomination paper completed in a prescribed way and is subscribed by. Seeing all his education and professional qualification from his petition and his eligibility for filing the nomination, the petitioner seems like a party in person, he said that he has understood the Constitution very nicely which is an essential part of holding the prestigious post of President of India. He also added he was an advocate in service and has three international doctorates and secured 72 marks in his LLM paper on constitutional law. He also said that he is very well versed in the law of land which is given importance rather than any politically strong person. Observing all the rejections the nomination did not suffer from infirmity but the bench has refused to interfere with the decision of returning officer. “The view of the matter is that the rejection of the nomination form of the petitioner does not suffer any infirmity”.
While dealing with the petition of Nowhattia, who has been in attempting to contest presidential polls since 2007, the bench has termed him as a seasonal activist who wakes up after every five years to participate in the election for the top post. The bench has asked his counsel to withdraw the petition stating that it may take up legal aspects at an appropriate time when there is no issue pending and was not scared of deciding it today itself if the petitioner does not want to withdraw. The court said that they will not keep it pending. If he wants then The court can decide it today court also said that they are not scared. We are not reluctant and we are not hesitating to give a decision. We will decide it today. “your first presentation was in 2007 and for the next five years you were hiding somewhere. Whenever the presidential election comes you become active and that is why I said that you are a seasonal activist” said Justice Kant. The grievances of the petitioner are that he was not permitted by the Lok Sabha, Secretary-General, or the returning officer to file a nomination for the ensuing election of the president of India. He was not permitted to fill out the nomination form as he does not comply with the mandatory statutory condition of the 1952 act. The election for the 16th President of India is scheduled for 18th July and the accounting of votes Will take place after three days of polling. Current President Ram Nath Kovind is said to demit the office on 25th July.
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