The election to the office of President of India and Vice-President of India is going to be held in coming days. Many of you would perhaps be wondering as to what is the procedure for electing the President and the Vice-president of India.
You should know that the substantive provisions for election to these two offices are laid down in the Constitution of India. The election is held under Presidential and Vice-Presidential Elections Act, 1952 and the Presidential and Vice-Presidential Election Rules, 1974. The public, which otherwise cast vote to elect the Members of Parliament and Members of Legislative Assembly of any State, do not cast vote in this election. Only the Members of Parliament and Members of Legislative Assembly of all States cast vote in this election. ............
At different times, the election of any person as President or Vice-President of India has been challenged by the affected / losing candidate by filing case in the Supreme Court of India. Some of these cases are given below. In the past, the election of Shri APJ Abdul Kalam, Pranab Mukherjee, etc has been challenged on different grounds.
A study of these cases would throw more light on the procedure followed for this election and the pitfalls in challenging the election :
Mithilesh Kumar vs R.Venkataraman 1987 (Supp) SCC 692
Mithilesh Kr Sinha and kaka Joginder Singh @ Dharti Pakad vs Shankar Dayal Sharma 1993 Supp (4) SCC 386
Charan Lal Sahu vs K.R.Narayanan (1998) 1 SCC 56
Charan Lal Sahu vs Dr. APJ Abdul Kalam (2003) 1 SCC 609
P.A.Sangma vs Pranab Mukherjee (2013) 2 SCC 239
Sunil Goel advocate B.Sc. L.Lb L.Lm
