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2022 Supreme(SC) 1634

HEMANT GUPTA, SUDHANSHU DHULIA
Vishwanath Pratap Singh – Appellant
Versus
Election Commission of India – Respondent


Advocates appeared:
Petitioner-in-person, For the Appellant.

ORDER

1. Application for permission to appear and argue in-person is allowed.

2. The challenge in the present special leave petition is to an order passed by the High Court of Delhi on 10.06.2022 whereby a writ petition filed by the petitioner claiming a mandamus to decide the candidature of the petitioner to file his nomination for Rajya Sabha Elections 2022, was dismissed.

3. The petitioner filed a writ petition before Delhi High Court raising a grievance that a notification for election to Rajya Sabha was issued on 12.05.2022 to fill up the seats of members retiring from 21.06.2022 to 01.08.2022. The last date for submission of the nomination was 31.05.2022.

4. The stand of the petitioner is that he collected nomination form but was not allowed to file his nomination without a proper proposer proposing his name. The petitioner sought his candidature without proposer which was not accepted and, therefore, he claims that his fundamental right of free speech and expression and right to personal liberty has been infringed.

5. 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 nei

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