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november 1967

Supreme Court of India · 1967-11-07

SHRI BABURAO PATEL & ORS. vs DR. ZAKIR HUSAIN & ORS.

Citation / case number
SC 1967/100
Court
Supreme Court of India
Petitioner
SHRI BABURAO PATEL & ORS.
Respondent
DR. ZAKIR HUSAIN & ORS.
Author
WANCHOO, K.N. (),BACHAWAT, R.S.,RAMASWAMI, V.,MITTER, G.K.,HEGDE, K.S.
Bench
WANCHOO, K.N. (CJ),BACHAWAT, R.S.,RAMASWAMI, V.,MITTER, G.K.,HEGDE, K.S.

Judgment text excerpt

The Supreme Court held that a candidate for the Presidential election is not required to take an oath for eligibility under Article 58(1)(c) of the Constitution, which states that a person must be qualified for election as a member of the House of People. The Court dismissed the petition challenging the election of the respondent on grounds of undue influence, finding that the actions of the Prime Minister and other officials did not constitute undue influence as defined under Section 18 of the Presidential & Vice-Presidential Elections Act, 1952. The election was upheld as valid.

SHRI BABURAO PATEL & ORS. vs DR. ZAKIR HUSAIN & ORS. · Niyam