New Delhi, June 29 : The Supreme Court on Wednesday declined to entertain a petition by Dr Mandati Thirupathi Reddy who had wanted to file his nomination for the Presidential election, but it was rejected by the returning officer, the Secretary General of the Lok Sabha.
A vacation bench of Justices Surya Kant and J.B.Pardiwala told Reddy, who was petitioner-in-person, that no case was made for the interference of the court, as it dismissed his plea.
Reddy contended that the returning officer did not permit him to file his nomination for the ensuing election of President, but the bench noted that permission was not granted, as his nomination form did not comply with the mandatory statutory condition contained in the 1952 Act.
The bench said: “In view of the matter, the rejection of the nomination form of the petitioner does not suffer with any legal infirmity and no case of interference of this court is made out.”
Reddy is a native of Prakasam district in Andhra Pradesh.
Another petition was filed by Delhi resident Bam Bam Maharaj Nowhattia, who has been unsuccessfully attempting to contest presidential polls since 2007.
The bench said it seems he is a “seasonal activist” who wakes up after every five years to contest the election.
It told Nowhattia’s counsel to withdraw the petition, and added that it was not scared of deciding it today itself if the plea is not withdrawn.
The bench said it is not a healthy practice, when an election is announced, the activist becomes active and pointed out that the petitioner made first representation in 2007 and for the next five years, he was in some kind of hiding.”Whenever the presidential election comes, then you become active and that is why, I said that he is a seasonal activist,” added the bench.
The petitioner alleged that Section 5 B (1) (a) of the Presidential and Vice-Presidential Elections Act, 1952, bars a person from contesting the presidential polls if the candidature is not signed by 50 lawmakers as proposers and 50 as seconders.
At this, the bench noted that nobody has prevented the petitioner from challenging the validity of the provisions for all these years.
It added that exemplary cost would be imposed if such petitions are pressed for hearing.
NDA candidate Draupadi Murmu and opposition candidate Yashwant Sinha are contesting for the top post in the elections slated for July 18.The counting of votes will take place three days after the polling.
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