Right to contest election not fundamental right: SC
Sep 13, 2022
New Delhi [India], September 13 : The Supreme Court said that an individual cannot claim the right to contest elections and dismissed a plea of a litigant with a cost of Rs one lakh who sought to contest Rajya Saba polls without a proposer to propose his name.
A bench of Justices Hemant Gupta and Sudhanshu Dhulia while referring to earlier judgements said that the right to contest an election was neither a fundamental right nor a common law right, but a right conferred by a statute.
"The petitioner did not have any right to contest election to the Rajya Sabha in terms of the law made by the 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. Therefore, an individual cannot claim that he has a right to contest the 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 stated in its order.
Imposing the cost on the petitioner, the apex court added, "In view of the said fact, we dismiss the present special leave petition with the cost of Rs one lakh. The said cost be paid to the Supreme Court Legal Aid Committee within four weeks."
Petitioner Vishwanath Pratap Singh challenged the Delhi High Court order which had dismissed his plea challenging a notification issued by the Election Commission of India for election to Rajya Sabha after he was not allowed to file his nomination without a proper proposer proposing his name.
He then approached the apex court against the High Court's order.
