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Page 29 - Law

Right to contest election neither fundamental nor common law right, says SC

The right to contest an election is neither a fundamental right nor a common law right, the Supreme Court has said while dismissing with a cost of Rs one lakh a petition which raised the issue regarding the filing of nomination for Rajya Sabha elections. Observing that an individual cannot claim that he has a right to contest an election, the apex court noted that the Representation of People Act, 1950, read with the Conduct of Elections Rules, 1961, has contemplated the name of a candidate has to be proposed while filling the nomination form. A bench of Justices Hemant Gupta and Sudhanshu Dhulia passed the order while hearing a plea challenging the June 10 order of the Delhi High Court which had dismissed a petition about deciding the candidature of the petitioner to file his nomination for the Rajya Sabha elections, 2022. The petitioner had said that a notification for election to Rajya Sabha was issued on May 12, 2022, to fill up the seats of members retiring from June 21, 2022,

Updated On : 13 Sep 2022 | 6:22 PM IST

Court cannot stop govt from bringing law on cryptocurrencies, says SC

The Supreme Court said on Friday it cannot stop the government from bringing a legislation in Parliament on crypto currencies and dismissed a plea challenging constitution of an inter-ministerial committee to make recommendations to the Centre on virtual currencies. Crypto currencies are digital or virtual currencies in which encryption techniques are used to regulate generation of their units and verify the transfer of funds while operating independently of a central bank. A bench of Justices DY Chandrachud and Hima Kohli termed the PIL filed by a private firm "misconceived" and dismissed it. "There is no actionable cause for a petition under Article 32 of the Constitution. The Court cannot interdict the Government from bringing a legislative proposal before Parliament, the bench said. At the outset, the court said, "What kind of plea is this? Government has made an inter-ministerial committee (IMC), so you filed a petition under Article 32 of the Constitution? You want to ...