Dismissing the petition: (1) “the distinction sought to be drawn between being eligible or qualified to be nominated and having the right to be qualified to be nominated is one without a difference… a person who was qualified to be a candidate in the election of the first President, and who therefore could have gone through all the processes of nomination to be such a candidate can certainly claim to have had the right to be nominated for the purpose of that election, even though he did not in fact take any steps to exercise his right.” The preliminary objection was overruled.