SYNOPSIS OF DR.LEO REBELLO’S PIL FILED
IN THE SUPREME COURT POINTING OUT IRREGULARITIES
IN THE PRESIDENTIAL ELECTIONS SINCE 1974.
Dr. Leo Rebello, e-filed a PIL in the Supreme Court of India under article 32 - Original Jurisdiction. The WP(C) 219 of 2007, inter alia, notes and demands reliefs as under :
1.. That under Article 53 of the Constitution, the President of India is the Executive Head of India and his Election cannot become Selection.
2.. That issuing of Whip in favour of a particular candidate should be prohibited in the Presidential and Vice Presidential Elections through a Writ of Prohibition.
3.. That the number of proposers and seconders be reduced from 100 to 35 only and reduction in deposit amount which presently is Rs.25,000. In other words the Petition challenges Sections 5B(a) and 5C(1) of the Presidential Election Act 1952 and Rules made thereunder in 1974.
4.. That presently Presidential elections are sham and lead to violations of articles 14, 21, 54, 55(3), 58, 71(3) and 324 of the Constitution of India and sections 171C and 171F of the IPC.
5.. That Nomination forms (Form no.2) should be accepted in all States since Presidential election is a National Election.
6.. That according to article 58(b) the President should be 35 years and above (the entry point). But usually the Presidents "selected" are of the retirement age 70 and above (which should be the exit point) the petitioner suggests
7.. That Rashtrapati Bhavan should be a Watch Dog, instead it is being turned into a Retirement Village when India's 60% population population is below 35.
President’s office is the highest elective office. If pliable persons get into the saddle, then the entire focus of the nation changes from hard realities like poverty, malnutrition deaths, illiteracy, providing shelter to the millions, to missiles programmes and rocket science, nuclear deal, etc. Rashtrapati Bhawan must continue to inspire national confidence and remain above all controversies and petty politicking.
Infact, in short Dr. Leo Rebello is suggesting that the Cabinet will function under the direct supervision of the Elected President with elected Vice President being his deputy. This will usher in True partyless Democracy. In that case, we will not have the sorry spectacle that we are presently experiencing wherein a pliable PM appointed by a
"foreign hand" (pun intended) working for "foreign hand" as at present. Let us Work for Change.
