New Delhi, Nov 1 : A five-judge constitution bench of the Supreme Court today began hearing on presidential candidate P A Sangma's petition challenging the validity of the election of President Pranab Mukherjee.
Senior advocate Ram Jethmalani appeared for Sangma, while renowned lawyer Harish Salve appeared for President Pranab MUkherjee.
The bench is discussing the hearing procedure and rules related to presidential election petition. The hearing is continuing.
The constitution bench headed by Chief Justice Altamas Kabir is hearing the second election petition challenging the election of President in independent India.
Former Lok Sabha Speaker and NDA's presidential candidate PA Sangma had moved Supreme Court on August 21 challenging the election of Pranab Mukherjee as President.
Sangma has sought Mukherjee's election be set aside because he was holding office of profit on the date of his nomination.
However, President Pranab Mukherjee has denied the allegations in his reply filed in the Supreme Court.
According to the President , he had sent his resignation as the chairman of Indian Statistical Institute on June 20,2012 and the letter carried his short signature.
In a petition P A Sangma said, Mukherjee was holding the office of Chairman of Indian Statistical Institute at the time of his nomination.
He has alleged proper procedure was not followed in accepting Mukherjee resignation from Indian Statistical Institute. The petition also claimed that the Returning Officer should have rejected Mukherjee's nomination as he held an office of profit.
Sangma's counsel Satyapal Jain said, "Mukherjee neither resigned from the post nor his resignation was accepted. That document was made later to save Mukherjee's nomination. The court should set aside Mukherjee's election and declare Sangma as elected because there were only two candidates in the fray."
Mukherjee defeated Sangma in the presidential election garnering 69.31 per cent votes, while Sangma could only garner 30.69 per cent of the total votes.
This isn't the first instance where a sitting President's election has been challenged.
In 1969, VV 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 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 Rashtrapati Bhavan, but he preferred to appear in person.
Faced with an unlikely situation - an incumbent President deposing before it as witness- the Supreme Court ordered a special chair. While Giri continued as President, the court examined him as witness.
The case was finally dismissed and his election was upheld by the Supreme Court.
