The right to contest elections is a statutory right, not a fundamental right, allowing restrictions based on criminal background to protect electoral integrity.

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 16.10.2025 before the Returning Officer of the Danapur Constituency, i.e., the Sub-Divisional Magistrate, Danapur, and to canvass for his candidature and take all necessary steps to ensure proper campaigning and canvassing related arrangements until 06.11.2025, the date of polling, and to await the declaration of results on 14.11.2025 in three cases namely Khagaul P.S. Case No. 129 of 2025, Khagaul P.S. Case No. 171 of 2025 and Khagaul P.S. Case No. 206 of 2025.

ii. In the alternative, to allow the petitioner custody parole in the three cases referred to above for filing nomination, campaigning, and canvassing.

B. To any other relief/s to which the petitioner is found entitled to.”

3. Advancing his argument, Mr. Y. C. Verma, learned senior counsel appearing on behalf of the petitioner, submits that the petitioner has approached this Court seeking custody parole/provisional bail since he is in prison in connection with two cases, i.e., Khagaul P.S. Case No. 171 of 2025 and Khagaul P.S. Case No. 129 of 2025. In first case, the bail petition of the petitioner has been pending before the learned trial court and in the second case, the bail petition of the petitioner has been pending before this Court. Mr. Verma further submits that the petitioner is a sitting Member of Legislative Assembly from Danapur Constituency and he has been nominated by a National Party as its candidate in the incoming Assembly Election. Earlier the petitioner had been a Member of Bihar Legislative Council for the period 2015 to 2020. Due to social and political activities of the petitioner, a number of persons are hostile towards him. Even present ruling party bears animosity against him and as a result of such political considerations, the petitioner has been falsely implicated in several criminal cases. In most of the cases, he has either been acquitted or enlarged on bail. He has not been convicted in any of the cases. Mr. Verma further submits that the petitioner has been made accused in altogether 39 cases, in which, he has been acquitted in 28 cases and is on bail in 09 cases. The petitioner has been allowed to file his nomination by the orders of the learned trial court and pursuant to the orders of the learned trial court, the petitioner has already filed his nomination. Now, the petitioner has approached this Court with simple prayer that he should be allowed to campaign since the election is going to be held in his Constituency on 06.11.2025. Mr. Verma further submits that in order to succeed in an election, seeking votes through campaigning/canvassing and reaching out to the electorates are essential, and it is an inseparable parts of the democratic process. Mr. Verma further submits that right to seek votes is treated as fundamental right. It is also necessary to ensure