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Synopsis

A bench of Justice Hemant Gupta and Justice Sudhanshu Dhulia, while dismissing a special leave petition imposed a cost of Rs.1,00,000/-. The bench was of the opinion that,

"...an individual cannot claim that he has a right to contest election and the said stipulation violates his fundamental right, so as to file his nomination without any proposer as is required under the Act".

In the pertinent matter the petitioner claimed, that he 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 claimed that his fundamental right of free speech and expression and right to personal liberty were infringed.

The Court after hearing the submissions, referred to an earlier judgment of the Supreme Court, addressing the same point in dispute. In Javed v. State of Haryana, (2003) 8 SCC 369 the Court had stated, "There is nothing wrong in the same statute which confers the right to contest an election also to provide for the necessary qualifications without which a person cannot offer his candidature for an elective office and also to provide for disqualifications which would disable a person from contesting for, or holding, an elective statutory office".

The Court thus noted, that "the petitioner did not have any right to contest election to the Rajya Sabha in terms of the law made by the Parliament. The Representation of People Act, 1950 read with the Conduct of Elections Rules, 1961 has contemplated the name of a candidate to be proposed while filling the nomination form".

And it was therefore, of the opinion that an individual cannot claim that he has a right to contest election, and if infringed, would violate his fundamental right.

 

CASE TITLE: Vishwanath Pratap Singh vs. Election Commission of India and Anr.