Right to vote & Right to contest elections

The Supreme Court of India on April 13 refused to grant interim relief to over 34 lakh appellants whose names were excluded from electoral rolls in West Bengal following a Special Intensive Revision (SIR) exercise.

A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi emphasized that the right to vote is “the biggest expression of nationality and patriotism” in a democracy. However, the Court declined to allow excluded individuals to vote while their appeals are pending.

Court’s Reasoning

The bench reasoned that granting such relief could set a precedent, encouraging others—especially those challenging wrongful inclusions—to seek similar treatment, thereby complicating the electoral process.

The Court also referred to a recent petition by a Tamil Nadu candidate (April 10), where restoration to the electoral roll before elections was denied. It accepted the argument of the Election Commission of India that the challenge had been filed too late.

Key Legal Position Reaffirmed

The Court reiterated a consistent judicial principle that neither the right to vote nor the right to contest elections is a fundamental right. This was reinforced in the case of Ram Chandra Choudhary v Roop Nagar Dugdh Utpadak Sahakari Samiti Ltd, where the Court clarified:

• The right to vote is a statutory right, allowing citizens to exercise franchise as per law.
• The right to contest elections is a separate and additional statutory right, subject to qualifications, eligibility, and disqualifications.

Legal Framework: Under the Representation of the People Act, 1951:

• A candidate must be enrolled as a voter in any constituency within the State, though not necessarily the one they contest from.

Precedents Cited: The Court relied on established jurisprudence:

• Jyoti Basu v Debi Ghosal: Declared the right to contest elections as purely statutory.

K Krishna Murthy v Union of India: Held that political participation rights are not absolute and subject to statutory limits.

Source: IE