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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA
Rit Lal Yadav @ Rit Lal Rai Son of Late Ramashish Rai – Appellant
Versus
State of Bihar through the Chief Secretary, Govt. of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. case background and parties involved (Para 1 , 2) |
| 2. petitioner's right to campaign is argued as fundamental (Para 3 , 4 , 5 , 6 , 7) |
| 3. state's arguments against petition for interim release (Para 8 , 9 , 10 , 11 , 12) |
| 4. legal precedent discussed regarding candidate's rights (Para 13 , 14) |
| 5. the implications of allowing interim release and canvassing (Para 15 , 16) |
| 6. analysis of petitioner's right to canvass vs. public interest (Para 19 , 20 , 21 , 22 , 23) |
| 7. final evaluation of petitioner's request based on public interest (Para 24 , 25 , 26) |
| 8. judgment dismissed with no merit found (Para 27) |
JUDGMENT :
ARUN KUMAR JHA, J.
1. Heard Mr. Y. C. Verma, learned senior counsel appearing on behalf of the petitioner and Mr. P. K. Shahi, learned Advocate General for the State.
2. The petitioner has approached this Court seeking following relief(s):
“A. A writ in the nature of Mandamus or any other appropriate writ/s, order/s, direction/s, commanding the respondents for the following: -
i. To provisionally release the petitioner for a period of four weeks to enable him to file his nomination for contesting the election to the Bihar Legislative Assembly from the Danapur segment on
The right to contest elections is a statutory right, not a fundamental right, allowing restrictions based on criminal background to protect electoral integrity.
Interim bail for campaigning in elections is not permissible as it is not a fundamental right and could lead to misuse of the legal process.
Democracy postulates that there should be periodical election, so that people may be in a position either to re-elect the old representatives or, if they so choose, to change the representatives and ....
A writ petition is not maintainable to challenge an order of rejection of nomination paper by the Returning Officer/competent authority having regard to the provisions in Article 243-O of the Constit....
Interference in electoral matters after results are declared is barred by Articles 243-O and 243-ZG; the appropriate recourse is through an election petition.
Point of law: Where the Government or any authority passes an order which is contrary to rules or law it becomes amenable to correction by the courts in exercise of writ jurisdiction
Point of law: petitioners are entitled to claim a right under the Constitution to vote and contest in the elections. But, that right must be a right accrued to Petitioner Nos. 2 to 4, as on the date ....
A dispute arising among the members of a society registered under the A.P. Societies Registration Act, 2001, relating to the affairs of the society, is to be resolved through the mechanism provided u....
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