The right to stand as a candidate and contest an election is not a common law right but a special right created by statute and can only be exercised on the conditions laid down by the statute.

V.Ramaswami, J.

1. Whether, clause ( ) of sub-section (1) of Sec.8 and Sec.29-A amended by the Representation of the People (Amendment) Act, 1988 (hereinafter referred to as the Amended Act) is ultra vires of Articles 14, 15,16,19, 25, 26,29 and 30 of the Constitution is the principal question which arises for adjudication in this writ petition.

2. The facts : The petitioner claims himself to be the General Secretary of Shiromani Akali Dal (Simranjit Singh Mann Group ). He is a staunch believer of Sikh religion and has always been resisting any move by the State to interfere with its essential tenents. The concept of Sikh religions and politics are totally inseparable for Sikhs. The politics gets birth from the religion. Shiromani Akali Dal came into existence in order to protect the Sikh religion from atrocities being committed b other communities and is fighting for the noble cause for last 70 years. It has its own Constitution. As provided therein, any Sikh man or woman, who is not less than 18 years of ago, can become a member of the Shiromani Akali Dal. The Government of India, in order to crush the Sikhs, their religion and their religious institutions, passed religious Institutions (Prevention of misuse) Act, 1988. The purpose appears to be to crush the Sikhs politically, economically as well as socially and create hatred towards them. A provision has been inserted in sub-clause (h) of clause (2) of subsection (1) to Sec.8 of the Amended Act. This clause populates that a person convicted under Section.7 (offence of contravention of the provisions of Sections 3 to 6) of the Religious Institutions (Prevention of Misuse) Act, 1988, shall be disqualified for being a member of either House of Parliament or the Legislative Assembly or Legislative Council of a State for a period of six years from the date of election. Sec.29- A of the Amended Act provides that any association or body of individual citizens of India calling itself a political party and intending to avail itself of the provisions, shall make an application to the Election Commission for its registration as a political party for the purposes of the Act. Sub-section (2) of Sec.29-A of the Amended Act provides for the procedure for submitting the application and the documents to be appended to the application. Sub-sections (2) to (9) of Sec.29-A of the Amended Act provided for the documents to be appended to the application. Sub-section (5) enjoins upon the applicant that the application for registration as a political party shall be accompanied by copy of memorandum or rules and regulations of the association or body and specific provision must be made that the association or the body shall bear true faith and allegiance to the Constitution of India as by law established and to the principles of socialism, secularism and democracy and would uphold the sovereign unity and integrity of India. This declaration has to be filed before the Election Commission within 60 days from the publication of the Act. The Act was published in Haryana Government Gazette on 6-6-1989 and declaration has to be filed on or before August 5, 1989. The petitioner contends that clause (5) of sub-section of Sec.29-A of the Amended Act and clause (h) of sub-section (1) of Sec.4 amending Sec.8 of the Principal Act, is ultra vires of the Constitution.

3. Before we deal with the question of validity of the Act, it is necessary to state the distinction between the civil rights or common law rights and political rights or rights created by a statute. Civil rights are recognised and guaranteed and adhered to the status of a citizen of free country. Article 19 (1) of the Constitution of India guarantees certain basic rights, Of course, the State can impose restrictions on the exercise of those rights. The right to stand as a candidate and contest election is not a common law right. It is a special right created by a statute. It can only be exercised on the conditions laid down by the statute