Supreme Court Dismisses Plea To Accept Nomination For Vice President Election

The Supreme Court of India on Monday rejected a petition filed by Dr. Mandati Thirupati Reddy seeking to direct the Election Commission of India to accept his nomination to the post of Vice President of India.

A Division Bench of Justices UU Lalit and S Ravindra Bhat, while rejecting the petition said,

"The nature of relief prayed for in the present petition filed under Article 32 of the Constitution of India, in our view, cannot be entertained and granted. The petition is completely misconceived. It is therefore rejected."

During the hearing, the Bench said,

"According to you, the requirement of 20 MPs supporting your nomination, you could not garner that support, you want some kind of a mandatory injunction against the party functionary that they must support your candidature.

"Did you comply with that requirement? No", the Court added.

Dr. Reddy then apprised the Court of his qualifications.

"Sir, we are not saying anything. You may be qualified, Like you there may be a number of people who may consider themselves to be ideally suited for the job. But the point is, the law requires some kind of nomination for that post, we can't compel the MPs or the public servants to nominate you. How can we do that?", the bench asked, in response.

The court further observed that Dr. Reddy's prayer cannot be accepted under Article 32 of the Constitution of India.

Dr. Reddy then proceeded to read the eligibility criteria to contest for the post of the Vice President.

"Correct, no doubt about it, sir. We are not saying that you are ineligible, you are certainly eligible. The only point is whether you can offer your candidature or not…That candidature must be supported by something which the law requires."

Reddy had earlier filed a petition seeking to contest the Presidentail Elections, which the Supreme Court refused to entertain.

A vacation Bench comprising Justices Surya Kant and J.B. Pardiwala had noted that the petitioner's nomination paper did not comply with the requirements envisaged under Section 5B(1)(a) of the Presidential and Vice Presidential Election Act, 1952.

Case Title: Dr Mandati Thirupathu Reddy vs Election Commission Of India W.P.(C) No. 576/2022