AI Overview...
- Right to Contest Election - Main points and insights:
- The right to contest an election is explicitly characterized as a statutory right, not a fundamental right or a common law right Vishwanath Pratap Singh VS Election Commission of India - Supreme Court, SUNIL KUMAR DUBEY VS PRINCIPAL, K. B. POST-GRADUATE DEGREE COLLEGE MUSSAFARGANJ, MIRZAPUR - Allahabad, Bhagwat Sojanaji Sonawane & others VS State of Maharashtra & others - Bombay, RAM LALI () VS STATE OF UTTAR PRADESH - Allahabad, Uma Charan Mishra VS Union of India - Orissa, Braj Bihari VS State of U. P. - Allahabad, Eknath Bayaji Gadkari VS Bombay Municipal Corporation - Bombay, J. Joseph Solomon VS Chief Election Commissioner - Karnataka.
- It is conferred by specific statutes such as the Representation of People Act and other election laws, and its exercise is subject to rules and limitations prescribed therein Vishwanath Pratap Singh VS Election Commission of India - Supreme Court, SUNIL KUMAR DUBEY VS PRINCIPAL, K. B. POST-GRADUATE DEGREE COLLEGE MUSSAFARGANJ, MIRZAPUR - Allahabad, Bhagwat Sojanaji Sonawane & others VS State of Maharashtra & others - Bombay.
- Courts have consistently held that the inability to contest or participate in elections does not violate fundamental rights, as these are not protected as fundamental rights but as statutory rights SUNIL KUMAR DUBEY VS PRINCIPAL, K. B. POST-GRADUATE DEGREE COLLEGE MUSSAFARGANJ, MIRZAPUR - Allahabad, Braj Bihari VS State of U. P. - Allahabad, Eknath Bayaji Gadkari VS Bombay Municipal Corporation - Bombay.
- The right to contest can be restricted or denied based on statutory grounds, such as disqualification, delay in examination results, or violations of election rules SUNIL KUMAR DUBEY VS PRINCIPAL, K. B. POST-GRADUATE DEGREE COLLEGE MUSSAFARGANJ, MIRZAPUR - Allahabad, J. Joseph Solomon VS Chief Election Commissioner - Karnataka.
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Any challenge to the denial of this right must be made within the framework of the relevant statutes; courts do not recognize it as an inherent or constitutional right Vishwanath Pratap Singh VS Election Commission of India - Supreme Court, Uma Charan Mishra VS Union of India - Orissa.
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Analysis and Conclusion:
- The consensus across the sources is that the right to contest an election is a statutory right, not a fundamental right. As such, it is created and governed by law, and its exercise is limited by statutory provisions and rules.
- The courts have upheld that this right can be curtailed or denied based on statutory criteria, and it does not enjoy the protections accorded to fundamental rights under the Constitution.
- Therefore, individuals seeking to contest elections must adhere to the statutory framework, and any restrictions or disqualifications are valid unless explicitly challenged within the scope of the law.
Search Results for "Right to Contest Election is Not a Fundamental Right"
2022 0 Supreme(SC) 1634 • India - Supreme Court
HEMANT GUPTA, SUDHANSHU DHULIA
It emphasized that the right to contest an election is not a fundamental right or a common law right, but a statutory right, and ... It emphasized that the right to contest an election is not a fundamental right or a common law right, but a right conferred by a ... It emphasized that the right#HL_EN....
2004 0 Supreme(All) 1940 • India - Allahabad
ARUN TANDON
Election - Student Union - Right to contest election is not a fundamental right, it is only a right conferred by the Statutes. ... Finding of the Court: The court held that the petitioner had no right to contest the election or to oppose holding ... due to delay in the declaration of his examination result, which made him ineligible to contest the election. ......
2002 0 Supreme(Bom) 287 • India - Bombay
D.G.KARNIK
of - Section 100 of Representation of People Act - Held - Right to contest election is a statutory right - Not fundamental right ... - Procedure for election governed by bye-laws of society - Section 100 of Representation of People Act not attracted - Dispute regarding ... Maharashtra Co-operative Societies Act, 1960 - Section 91 - Election dispute - Violation of bye-laws - No election rules frame....
2008 0 Supreme(All) 895 • India - Allahabad
ANJANI KUMAR, SUDHIR AGARWAL
ultra vires—Right to vote or contest election—Is not a fundamental right—It is a legal right and has to be exercised in accordance ... with rules and not otherwise. ... rule cannot be said to be ultra vires being inconsistent to another rule—Such plea, therefore, is misconceived—Rule 24(7) as such, not ... The right to cast vote or to contest election is neither a common law #HL_....
2022 0 Supreme(MP) 802 • India - Madhya Pradesh
SUSHRUT ARVIND DHARMADHIKARI
list Ratio Decidendi: The right to contest an election is not a fundamental right or a common law right, but a right conferred ... Finding of the Court: The court held that the writ petition was not maintainable at this stage, as the election process ... Election - Voter List Omission - Registration of Electors Rules, 1960 - Rule 21, Rule 23 Fact of the Case: The petitioner's ... State of Harya....
2022 0 Supreme(Ori) 223 • India - Orissa
S. MURALIDHAR, R. K. PATTANAIK
It emphasized that the right to contest an election is a statutory right and not a fundamental or common law right, and the impugned ... It held that the right to contest an election is a statutory right and not a fundamental or common law right, and the impugned amendment ... unreasonably infringe the right to conte....
2010 0 Supreme(All) 3637 • India - Allahabad
SUNIL AMBWANI, KASHI NATH PANDEY
the right to contest the election is a statutory right, not a fundamental right to enable the Court to interfere to protect these ... "(a) the election has not been a free election by reason that the corrupt practice of bribery or undue influence has extensively prevailed at the election, or ... (b) that the result of the election has been materially affected- ... (i) by the i....
2011 0 Supreme(Bom) 896 • India - Bombay
S.C.DHARMADHIKARI
petition-Corrupt practice-Right to vote, right to contest, night to get elected and to dispute an election-Statutory rights-No fundamental ... -It is well settled that right to vote, right to contest, right to get elected and to dispute an election, are statutory rights and ... they are not fundamental rights. ... It is well settled that right to vote, #HL_START....
2016 2 Supreme 115 • India - Supreme Court
J.CHELAMESWAR, A.M.SAPRE
to contest election to legislative bodies not a fundamental right – Therefore right to participate in proceedings of the legislative ... and independent and indefeasible constitutional right – Suspension of a member – Not amounting to deprivation of fundamental right ... bodies cannot be a fundamental right – Member of a legislative assembly does not hold office....
2014 0 Supreme(Kar) 731 • India - Karnataka
C.R.KUMARASWAMY
Right to contest is not a fundamental right. It is right created by Statute and governed by statutory limitation. ... has to file an election petition. ... India after the election process is over. ... Petitioner intends to contest election as an independent candidate for Lok Sabha seat. His nomination paper is rejected by the Returning Officer without assigning any reason. Right to cont....
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