Right to participate in elections not fundamental right or common law: Supreme Court

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New Delhi: The right to contest an election is neither a fundamental right nor a common right, the Supreme Court ruled while dismissing a petition challenging the filing of nominations for the Rajya Sabha elections at a cost of Rs one lakh.

Right to participate in elections not fundamental right or common law: Supreme Court

New Delhi: The top court remarked that the Representation of Persons Act, 1950, read with the Conduct of Elections Rules, 1961, provided that a candidate’s name should be proposed while filling the nomination form and that a person cannot argue. who has the right to stand for election.

The decision was taken by a bench of Justices Hemant Gupta and Sudhanshu Dhulia during a hearing on an appeal against the Delhi High Court’s June 10 dismissal of a petition on the petitioner’s eligibility to file- se in the Rajya Sabha elections in 2022.

According to the petitioner, a notice of election was issued in the Rajya Sabha on 12 May 2022 to fill the seats of members who would vacate office between 21 June 2022 and 1 August 2022 and that the deadline for submitting nominations was May 31.

He claimed that he had gathered the nomination papers but was unable to submit them without a suitable nominator putting his name forward.

The petitioner said that his fundamental rights to freedom of speech and expression and personal liberty had been violated because his nomination was rejected without the proposer.

“We find that the writ petition before the high court was totally misconstrued and so is the present special leave petition. The right to participate in elections is neither a fundamental right nor a common law right. It is a right conferred by a statute,” the apex court said in its order passed last week.

The group pointed out that as per the law passed by the Parliament, the petitioner was not entitled to contest the Rajya Sabha elections and cited an earlier decision of the top court to make this observation.

“The Representation of Persons Act, 1950 read with the Conduct of Elections Rules, 1961 has contemplated the name of a candidate to be nominated while filling the nomination form,” he said.

“Therefore, a person cannot claim that he has the right to contest an election and the said stipulation violates his fundamental right, in order to file his nomination without any proposing as required by the Act,” he pointed out. the bank

The Legal Aid Committee of the Supreme Court shall receive payment of costs within four weeks of the dismissal of the petition at a cost of Rs. 1 lakh.



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