Plea in SC challenges provision needing Prez candidates to get subscribed by lawmakers

A man, who has been unsuccessfully attempting to contest Presidential polls, Tuesday moved the Supreme challenging the validity of the legal scheme envisaging that a candidate for the election of the top office must be subscribed by at least 50 MPs or MLAs as proposers and 50 as seconders respectively.

A man, who has been unsuccessfully attempting to contest Presidential polls, Tuesday moved the Supreme challenging the validity of the legal scheme envisaging that a candidate for the election of the top office must be subscribed by at least 50 MPs or MLAs as proposers and 50 as seconders respectively. The 16th presidential election is scheduled for July 18 this year and the counting of votes will take place three days after the polling. Draupadi Murmu and Yashwant Sinha are contesting for the top post as candidates of the ruling NDA and the opposition parties led by UPA respectively. The petition filed by one Bam Bam Maharaj Nowhattia, a Delhi resident who claims to be a social activist, challenged the constitutional validity of certain provisions of the Presidential and Vice-Presidential Elections Act, 1952 which deal with the public notice of election, the nomination of candidates and the presentation of nomination papers and requirements for a valid nomination. One of the provisions sought to be challenged, says that each candidature, in the case of a Presidential election, has to be supported by “at least fifty electors as proposers and at least fifty electors as seconders”. “There should be parity in eligibility to contest the elections for any constitutional post under the Constitution of India and the condition or eligibility criteria should not be such as it frustrates the main purpose and thus impedes the liberty and freedom of the people,” the plea, filed through lawyer Anjani Kumar Mishra, said.

Besides challenging the provisions, Nowhattia has also sought the nod of the apex court to contest the post of the President. Besides the Centre, the Chief Election Commissioner has also been made a party to the plea. The petitioner has unsuccessfully tried to contest the presidential elections since 2007.

Incumbent President Ram Nath Kovind is scheduled to demit office on July 25. The President is elected by an electoral college comprising elected members of Lok Sabha, Rajya Sabha, and the legislative assemblies of states and UTs. Presently, the electoral college comprises 776 MPs and 4,123 MLAs.