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Right to contest election neither fundamental, nor common law right: Supreme Court

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The Supreme Court has observed that the right to contest an election is neither a fundamental right nor a common law right and imposed Rs 1 lakh cost on a litigant who sought to contest Rajya Sabha polls without a proposer to propose his name.

A bench of Justices Hemant Gupta and Sudhanshu Dhulia said: “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.”

The top court noted that petitioner Vishwanath Pratap Singh filed a writ petition before the Delhi High Court raising a grievance that a notification for election to Rajya Sabha was issued on May 12, to fill up the seats of members retiring from June 21 to August 1, and the last date for submission of the nomination was May 31.

“The stand of the petitioner is that he collected the nomination form but 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 claims that his fundamental right of free speech and expression and right to personal liberty has been infringed.”

Citing a judgment of Rajbala vs State of Haryana (2016), the bench said this court held that the right to contest for a seat in either of the two bodies is subject to certain constitutional restrictions and could be restricted further only by a law made by the Parliament.

Thus, the petitioner did not have any right to contest election to the Rajya Sabha in terms of the law made by the Parliament, it said, adding that 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.

“We find that the writ petition before the High Court was entirely misconceived and so is the present special leave petition. The right to contest an election is neither a fundamental right nor a common law right. It is a right conferred by a statute,” the court said.

In the order passed on September 9, the top court said, “We dismiss the present special leave petition with cost of Rs 1,00,000. The said cost be paid to the Supreme Court Legal Aid Committee within four weeks. Pending application(s), if any, stands disposed of.”

Maharashtra

Maharashtra Urdu Academy should be formed, funds and staff should be appointed for the promotion of Urdu language Abu Asim Azmi

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Mumbai: Mumbai Maharashtra Legislative Assembly member Abu Asim Azmi has demanded the immediate formation of Urdu Academy to promote Urdu. He said that academies of other languages ​​including Gujarati and Marathi are active, but the condition of Urdu Academy is pathetic. Earlier there were 25 employees in this academy, but now only the superintendent is left. The remaining 24 have retired. The government needs to pay attention to the plight of Urdu.

The formation of this academy will promote Urdu. Azmi demanded that the Urdu Academy is facing difficulties due to the provision of funds. He said that the government allocates Rs 1 crore on paper, but this fund is not provided. Abu Asim Azmi said that Urdu is the language of our country. Whenever the Chief Minister or any other minister speaks in the House, they resort to Urdu poetry. But when it comes to the establishment of Urdu Academy and the development of Urdu language, the government is doing injustice

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Maharashtra

On the third day of Maharashtra Assembly, the opposition protested against the corruption of Rs 3000 crore.

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Mumbai: On the third day of Maharashtra Assembly in Mumbai, the opposition accused the ruling party of corruption and protested on the stairs of Vidhan Bhavan, accusing the government of giving contracts to every company of its choice. The state’s construction and development department has given a contract of Rs 3000 crore to Mahagathbandhan government’s Megha Engineering Company. Many shortcomings have been found in the work of this company, but despite this it is dear to the government. Therefore, slogans were raised on the stairs of Vidhan Bhavan that giving contract to this company is condemnable. Opposition members were also holding banner posters of contractor Megha Engineering, in which the picture of the owner of Megha Company was also visible. The opposition has intensified its protest against corruption in the Mahagathbandhan government. Shiv Sena opposition leader Ambadas Danve, Congress members and all parties including Congress protested loudly on the stairs of Vidhan Bhavan and drew the attention of the government towards this.

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Maharashtra

Mumbai School Teacher Arrested Under POSCO Act For Sexually Assaulting Minor Student Multiple Times Over One Year

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Mumbai: A horrifying case has come forward from a well-known Mumbai school where a 40-year-old English teacher from a renowned Mumbai school was arrested under the POCSO Act for allegedly sexually assaulting a 16-year-old student multiple times over a year.

The attacks began after the teacher developed an attraction to the boy while organising dance groups for the school’s annual function in December 2023. Initial advances made in January 2024 were rebuffed by the student, prompting the teacher to enlist a friend to persuade him, claiming such relationships were common. Following this, the teacher picked the boy up, took him to a secluded location, and assaulted him.

According to a report by media, in the ensuing weeks, the teacher provided the student with anti-anxiety medication and arranged outings to luxury hotels, where they had several sexual encounters, often intoxicating him beforehand. The teacher’s arrest has shocked the school community.

The student’s behavioral changes raised concerns with his family, but they decided against reporting the incidents, hoping it would resolve on its own as he neared graduation. After leaving school earlier this year, the student fell into depression, and the situation escalated when the teacher attempted to contact him through the domestic staff. This prompted the family to file a complaint with the police.

Authorities have charged the teacher with penetrative sexual assault and related offenses under the POCSO Act and other relevant laws. The case underscores serious issues concerning student abuse within educational institutions. The teacher has been remanded in police custody until Wednesday, as investigations continue into this disturbing incident involving a minor.

Similar Incident

In another incident a mathematics teacher in Sirmaur district of Himachal Pradesh was arrested for allegedly sexually harassing 24 girl students in classes VIII to X last week. Complaints to the principal led to the teacher’s suspension and subsequent police custody. The Director of School Education initiated an inquiry due to the seriousness of the situation, tasking the Deputy Director of Elementary Education with gathering information promptly. The teacher now faces charges under Section 75 of the Bharatiya Nyaya Sanhita and POCSO provisions, reflecting the education department’s urgency in addressing these allegations.

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