Justices Hemant Gupta and Sudhanshu Dhulia reiterated that the right to contest an election was neither a fundamental right nor a common law right, but a right conferred by a statute.
Therefore, it was held that the requirement under the Representation of People Act, 1950 and the Conduct of Elections Rules, 1961 for the candidate’s name to be proposed while filling the nomination form could not be violative of his fundamental right.
“We find that the writ petition before the High Court was entirely misconceived and so is the present special leave petition“, the order read.
Source: Barandbench
