Right To Contest An Election Not A Fundamental Right: Supreme Court

Right to contest an election is neither a basic proper nor a standard regulation proper. Supreme Court mentioned

New Delhi:

The proper to contest an election is neither a basic proper nor a standard regulation proper, the Supreme Court has mentioned whereas dismissing with a value of Rs one lakh a petition which raised the problem concerning the submitting of nomination for Rajya Sabha elections.

Observing that a person can’t declare that he has a proper to contest an election, the highest court docket famous that the Representation of People Act, 1950, learn with the Conduct of Elections Rules, 1961, has contemplated the identify of a candidate must be proposed whereas filling the nomination type.

A bench of Justices Hemant Gupta and Sudhanshu Dhulia handed the order whereas listening to a plea difficult the June 10 order of the Delhi High Court which had dismissed a petition about deciding the candidature of the petitioner to file his nomination for the Rajya Sabha elections, 2022.

The petitioner had mentioned {that a} notification for election to Rajya Sabha was issued on May 12, 2022, to replenish the seats of members retiring from June 21, 2022, to August 1, 2022, and the final date for submission of the nomination was May 31.

He mentioned he had collected the nomination type however was not allowed to file his nomination with no correct proposer proposing his identify.

The petitioner claimed that since his candidature with out the proposer was not accepted, his basic proper to free speech and expression and his proper to non-public liberty was infringed.

“We find that the writ petition before the high court was entirely misconceived and so is the present special leave petition. The right to contest an election is neither a fundamental right nor a common law right. It is a right conferred by a statute,” the highest court docket mentioned in its order handed final week.

The bench, which referred to a earlier judgement delivered by the highest court docket, famous that the petitioner didn’t have any proper to contest election to the Rajya Sabha by way of the regulation made by Parliament.

“The Representation of People Act, 1950 read with the Conduct of Elections Rules, 1961 has contemplated the name of a candidate to be proposed while filling the nomination form,” it mentioned.

“Therefore, an individual cannot claim that he has a right to contest an election and the said stipulation violates his fundamental right, so as to file his nomination without any proposer as is required under the Act,” the bench noticed.

The Supreme Court dismissed the petition with a value of Rs one lakh and mentioned the associated fee be paid to the Supreme Court Legal Aid Committee inside 4 weeks.

(Except for the headline, this story has not been edited by NDTV workers and is revealed from a syndicated feed.)

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