Only Supreme Court can hear disputes on Presidential polls: Delhi High Court rejects plea to disqualify jailed MPs/MLAs from voting

The Delhi High Court on Monday dismissed a petition seeking to disqualify the legislators, who have been jailed, from voting in the recently concluded presidential polls [Satvir Singh v Union of India and Anr]..The court held that Article 71(1) of the Constitution as well as the Presidential and Vice-Presidential Elections Act, 1952 categorically provides that the only remedy in relation to a Presidential election, can be by way of an election petition after declaration of the result and it is the exclusive jurisdiction of the Supreme Court to hear such matters.All doubts and disputes related to the elections of President or Vice-president of India can be inquired into or decided only by the Supreme Court, the Court said.Justice Sanjeev Narula also said that the petition was filed on the eve of the presidential polls which made it ‘highly suspect’."The present writ petition is also not maintainable, for the reason that the only remedy in relation to a Presidential election, can be by way of an election petition after declaration of the result. Section 14(2) of the 1952 Act also confers exclusive jurisdiction on the Supreme Court to hear such matters," read the Court's order. .The petition was filed by a 70-year-old carpenter, Satvir Singh, who approached the Court demanding that the Union government as well as Election Commission of India should remove from the electoral college those Members of Parliament (MP) and Members of Legislative Assemblies (MLA) who have been incarcerated, and they should not be allowed to participate in the presidential elections.Singh told the court that he had filed the nomination form for the President which was rejected..The Court said it is unable to perceive the petitioner’s locus standi to challenge the election of the President.Justice Narula added that though he is unable to discern any provision disqualifying MP or MLA who are incarcerated from voting in the presidential or vice-presidential polls but because the petition cannot be entertained, he will not express his opinion on the issue.“Further, Petitioner has neither given a single instance where an imprisoned/ incarcerated member has been allowed to vote, or otherwise, act as a member of Parliament or State Legislature, nor has such member been arrayed as a party,” the judge said..While Singh appeared in person, ECI was represented by advocate Sidhant Kumar.Additional Solicitor General Chetan Sharma and advocate Waize Ali Noor appeared for the Union of India..[Read Order]