The Supreme Court has ruled that voting and contesting polls are not fundamental rights, but rather statutory entitlements. The court stated that these rights exist only to the extent provided by law.
Citing previous precedents, the court said that while voting enables participation in the electoral process, the right to contest is a distinct and additional entitlement that can be subject to qualifications, eligibility conditions, and disqualifications.
The case revolves around election rules for District Milk Producers' Co-operative Unions in Rajasthan. The court disagreed with the High Court's reasoning, holding that the bye-laws merely laid down eligibility criteria and did not amount to disqualifications or violate constitutional principles.
The court also questioned the maintainability of the writ petitions, stating that cooperative societies are generally not 'State' under Article 12 and do not typically perform public functions.
The right to vote and to contest elections comes from statutes, not the Constitution. Laws like the Representation of the People Acts, 1950 and 1951 decide who can vote, who can stand for elections, and who can be disqualified.
