The eligibility threshold: How right to vote affects right to contest, Pg16
Supreme Court clarifies contesting elections is statutory right, emphasizing voter roll eligibility amidst deletion controversies in West Bengal and Tamil Nadu.
The Supreme Court has reiterated that the right to vote and the right to contest elections are not fundamental rights.
A candidate must be enrolled as a voter to contest, as per the Representation of the People Act.
The Supreme Court rejected a petition from a Tamil Nadu candidate whose name was deleted from the electoral roll.
Rule 23(5) of the Registration of Electoral Rules 1960 allows for roll amendment if an appeal is successful.
Detailed Insights:
The right to vote enables franchise as per the statutory scheme, while the right to contest is subject to qualifications, eligibility, and disqualifications.
Eligibility is a threshold condition for entering the electoral arena, and its absence merely postpones the right to contest until conditions are met.
A large-scale administrative exercise like the Special Intensive Revision (SIR) can lead to candidates being unaware of their deletion from electoral rolls.
The Election Commission (EC) argued that once nominations are closed and rolls are frozen, there is no mechanism to include a deleted name before polling day, except through a supplementary list directed by an appellate tribunal.
The Supreme Court established in Jyoti Basu v Debi Ghosal (1982) that the right to contest an election is purely statutory.
K Krishna Murthy v Union of India (2010) reiterated that rights of political participation are subject to statutory controls.
Key Concepts Involved:
Right to Vote: The legal entitlement to participate in the election of representatives.
Right to Contest: The legal entitlement to stand as a candidate in an election.
Electoral Roll: The official list of eligible voters for a specific constituency.
Representation of the People Act: Legislation governing the conduct of elections in India.