Connect with us
Wednesday,27-May-2026
Breaking News

Maharashtra

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

Published

on

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

Case registered against Bajrang Dal workers for bringing pigs to create ruckus in Mira Bhayander, two FIRs registered for disturbing the environment

Published

on

The police have registered a case against the miscreants for creating a ruckus and disturbing the environment in Poonam Coaster Society, two cases of interference in the communal and government work. On the other hand, the police have registered a case under the Maharashtra Police Act against 50 to 60 volunteers including Bajrang Dal’s Nagnath Kamble for disturbing the order. In Poonam Coaster, two cases of rioting and one case of assault and injury to a Bajrang Dal volunteer have been registered in this case. The accused has been arrested, while the investigation of the other two cases is underway. All three cases have been registered at Kashi Mira Police Station.

Regarding the above-mentioned cases, tension had arisen due to the tethering of goats in the premises of the Poonam Cluster One building society in Kashmira police station limits. Three crimes have been registered in Kashi Mira police station limits.

A case under Section 118(1), 115(2) of the IPC has been registered at Kashi Mira Police Station. According to the details, at 12.50 pm, on the footpath in front of the cake shop near the gate of Poonam Cluster 01, Mira Road East District Police Station, Poonam Cluster 01 Society Bajrang Dal worker Nath Kamble along with some residents of the society were present here and were talking to Nagnath. An attacker, aged around 40 to 45 years, dressed in a white full-length shirt and blue jeans, tried to stab Nagnath Kamble from behind with a knife. At that time, the plaintiff brought his left hand into the bag to save him. When 16-year-old Karan Jain, who was standing behind the plaintiff, tried to catch her, she punched Karan Jain on the right cheek and then the attacker attacked and fled. In this case, the police have arrested the accused after registering a case. Now, along with this, the police have registered a case under sections 132, 196, 3(5) of the BNS. In this case, the police have arrested Bajrang Dal worker Durgesh Jaiswal, aged 30 to 35 years, 2. Harsh Singh, 22 to 25 years 3. Mohit Chaurasia, aged 35 years, a resident of Mira Bhayander, a 25 to 30-year-old young man wearing a blue half-t-shirt and black pants, long hair, raised religious slogans here. In addition, by bringing the white pig to this location and trying to forcefully take it into the premises of the society, they raised provocative slogans that promoted enmity between classes on the basis of religion and caste, incited hatred, disrupted harmony and disrupted public order, tried to take the pig into the premises of the society, protested against the government and tried to incite violence among Muslims. When the police intervened in this matter, they obstructed the performance of official duties. The police have registered a case in this matter. Similarly, the police have also registered a case against the Bajrang Dal activists who spread unrest here. The police have registered a case under the Maharashtra Police Act against them. They include Bajrang Dal activists Nagnath Kamble aged 50 to 55 years, Rupesh Dubey aged 40 to 45 years, Ankit Mishra aged 25 to 30 years, Rakesh Kotian, Suraj Sahu aged 25 to 30 years, Pawan Thakur, Bhajayal Rashyal, and others aged 50 to 60 years. All of them had created a ruckus in the society here along with destroying the peace of the society and trying to spoil the situation, after which the police took this action. Now peace has been established here but tension also persists.

Continue Reading

Maharashtra

Fugitive accused arrested in Mumbai Powai murder case, anger over dispute a week ago was the motive for the murder, police investigation after the murder concluded

Published

on

Mumbai: Crime Branch Unit 10 has claimed to have arrested the absconding accused involved in the murder from Surat Gujarat. According to the details, on May 24, the body of a 55-year-old man named Yusuf was found in Powai Tanga village, Saki Vihar. Someone had stabbed him to death with a sharp weapon and stabbed him on the chest. The police registered a murder case in this matter and started investigation. Then they examined about 100 CCTV footage in this matter and it was found that the accused had fled after the murder in Gujarat. After that, the police arrested the accused from here and handed him over to Powai police for further action. The accused, Deepak alias Deepa Nathu Prasad Verma, 26, had an argument with Yusuf over something a week ago, which angered him and he killed Yusuf and fled. The police have taken action in this matter and claimed to have arrested the accused and solved the case. This action was taken by DCP Detection Nonath Dhole on the instructions of Mumbai Police Commissioner Devin Bharti. .

Continue Reading

Maharashtra

Mumbai ANC Action Drug trafficker Haroon sent to Yeru Da Jail for one year

Published

on

Mumbai: Anti-Narcotics Cell ANC has sent drug smuggler Haroon Farooq Khan (41) to Pune Yerwada Jail for one year. A case has been registered against him under the NDPS Act. The accused was found involved in drug trafficking even after being released on bail, so while taking action against him, ANC proposed action against him under the PIT NDPS Act, 1988 and after approval from the Home Ministry, he has been sent to Yerwada Jail for one year. Haroon is active in drug trafficking. There are 8 NDPS cases registered against him in different police stations.

Continue Reading
Advertisement
Advertisement

Trending