Beruflich Dokumente
Kultur Dokumente
Contention which was raised on behalf of petitioner was that present petition is outside the purview of 1952 Act and
Supreme Court Rules. It was argued that Supreme Court is invested with the jurisdiction to enquire into and decide all
doubts and dispute arising out of or in connection with the election of President, that Act and Rules apply only when there
is a dispute as to the election, but when petition is founded upon doubts as to the validity of the election, it is not covered
either by the Act or the Rules.
Contention which was raised by petitioner was that according to section 18 of the 1952 Act election could be set aside only
on certain grounds and that further under clause (b) it could be done only if the result of the election is shown to have been
materially affected, and that these are restrictions on the jurisdiction conferred by Article 71 (1) and are ultra vires.
C) that the order has been passed on extraneous or wholly irrelevant considerations;
Final Verdict: Divisional Bench: It may be stated that there is clear symmetry between
constitutional rationale for review of statutory and prerogative power. In each case courts have to
ensure that the authority is used in a manner which is consistent with the Rule of Law, which is
fundamental principle of good administration.