38 years ago, he defended his election in the Supreme Court
NEW DELHI: Thirty-eight years ago, the presidential poll campaign ended up with President VV Giri defending his election to the top post in the Supreme Court. Legal experts say this clearly sets a precedent that an aggrieved person can approach the apex court on the presidential election.
This can take place only after the electoral process is over if a petitioner has substantive grounds to feel a particular candidate exerted undue influence during the poll or gave wrong information in his or her nomination papers.
In 1969, Giri, an independent candidate, won by a conscience vote against the official Congress nominee Neelam Sanjeeva Reddy. After Giri's election, a petition was filed in the Supreme Court, urging that the election should be set aside because of use of corrupt practices to influence voters.
Giri had the option of getting a court-appointed commissioner examine him at Rashtrpati Bhawan; but he preferred to appear in person . Faced with an unlikely situation — an incumbent President deposing before it as witness--the apex court ordered a special chair. While Giri sat in the chair, the court examined him as witness. The case was finally dismissed and Giri's election was upheld by the Supreme Court.
