The SC has the exclusive jurisdiction to hear Presidential polls disputes

Case: Satvir Singh v Union of India and Anr

Recently, the Delhi High Court dismissed a petition seeking to disqualify the legislators from voting in the recent presidential polls who have been jailed. The HC held that Article 71(1) of the Constitution and the Presidential and Vice-Presidential Elections Act, 1952 provide that the only remedy for a Presidential election is an election petition after the results are declared and that the Top Court has exclusive jurisdiction in such matters. All doubts related to the elections of the President can be inquired into or decided only by the Apex Court.

Single bench Justice Sanjeev Narula also said that the petition was ‘highly suspect’ as it was filed on the eve of the presidential polls.

A 70-year-old carpenter, Satvir Singh, approached the HC demanding that the Central government, as well as the Election Commission of India, should remove from the electoral college those legislators (MPs and MLAs) who have been incarcerated, and they should not be permitted to participate in the presidential elections.

Justice Narula said it is unable to understand the petitioner’s locus standi to challenge the Presidential election. Justice Narula added that he is unable to determine any provision disqualifying legislators who are incarcerated from voting in the mentioned polls because the petition cannot be entertained.