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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

Mumbai: Nasik TCS case targeting Nida Khan, police tarnishing its image: Social activist Niranjan Tiklay

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Mumbai: Nashik TCS case has no connection with religious conversion. In this case, Nida Khan has been targeted even though she was not the HR head, yet she is being tried by the media. The Nashik case is not a case of inciting religious sentiments and religious hatred, love jihad or corporate jihad. It is only a case of sexual harassment, but Nida Khan has been targeted in it. This kind of serious allegation has been made by social worker Teesta Setalvad in a press conference organized by APCR here today at Marathi Patrikar Singh. She said that the media made the identity of a woman public and if the police had revealed this, then the news should have been broadcast regarding the police. An attempt should have been made to talk to the victim and the complainant. There are many such cases in which any accusation can be made against anyone, but in the Nashik case, an environment was created which is completely wrong. Nashik social worker Niranjan Takle said that the police have tried to set someone’s political agenda in this case, whereas the police should not do so because it tarnishes the image of the police. What happened in Badlapur? Akshay Shinde was encountered, after which the Badlapur agenda was run by putting up banners in accordance with it, after which the court declared it a murder. He said that in the same way, in the case of Somnath Suryavanshi, how much violence was inflicted on him, due to which he died in custody, the court has also ordered to register a case. Along with this, an agenda has been run in the Nashik case as well and under a specific agenda, Nida Khan, an employee of this company TCS, was targeted. Nida Khan is a minor employee but she was presented as the HR head. The media has conducted her trial. Valmik Karad did not reach the police until he surrendered. A case was registered against Ashok Kharat a year ago but he was arrested after Ajit Pawar’s death. The police is defaming itself to set someone’s political agenda. He further said that the way it is happening in the Nashik case, it is clear that the investigation done by the police is being made public through a media trial while there is no mention of conversion in it. In this press conference, the APCR has also presented a fact-finding report in the Nashik case. Dolphy D’Souza, Shakir Sheikh and others were present in this conference.

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Maharashtra

Woman supplying drugs at Nesco music concert party exposed, crores of rupees deposited in woman’s account, 11 accused arrested so far

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Mumbai: The Vanrai police have seized 933 narcotic pills, allegedly worth Rs 1.5 million, from Ayush Sahitya, an accused in a drug case. Before his arrest, Ayush Sahitya had dumped these pills at a place in Kolhapur, which have been seized by the police. Several important revelations were revealed during the interrogation of Ayush Sahitya, including the name of a female accomplice. The Vanrai police have arrested the accused woman from the Mira Road area.

Accused Jaya Rachel Jacob has been arrested from Mira Road. Jaya used to transfer the money of this entire drug syndicate to her account. The medicines purchased at the NESCO music concert were also transferred to Jaya’s account. Jaya is a high-ranking woman. Her links with a major drug supplier have been revealed. A large quantity of drugs have also been recovered from Jaya. Currently, the police are busy further linking the woman’s account and her contacts.

The Vanrai police have so far arrested 11 accused in the Goregaon drug case. This information was given here today by Mumbai Police DCP Zone 12 Mahesh Chamte.

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Maharashtra

Mumbai : Fire Engulfs 10–12 Vehicles On Ghatkopar–Mankhurd Link Road, No Injuries Reported

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Mumbai: A fire broke out on the busy Ghatkopar–Mankhurd Link Road on Thursday afternoon, engulfing at least 10–12 four-wheelers in flames and sending plumes of smoke into the air.

The Mumbai Fire Brigade officials rushed to the spot and managed to bring the blaze under control within an hour, preventing it from spreading further. No injuries were reported in the incident.

According to the MFB, the fire reported at 11:45 AM on Thursday. The blaze affected around 10 to 12 four-wheeler vehicles, sending thick smoke across the busy stretch near Baingan wadi signal at Govandi.

Firefighters, along with police personnel and 108 ambulance services, were immediately mobilized to the spot. Swift response by emergency teams ensured the fire was brought under control by 12:22 pm Cooling operations followed, and the situation was fully contained by the time of the latest update at 1:35 pm.

No injuries have been reported in the incident. The cause of the fire is yet to be determined and is likely to be investigated by authorities.

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