The Supreme Court emphasized that the right to vote and contest elections are not fundamental rights but statutory rights created by law. Upholding eligibility conditions for candidates in Rajasthan’s cooperative dairy bodies, the Court distinguished between the right to vote and the right to contest elections. It stated that these rights are distinct and can be regulated separately.
The apex court highlighted that the right to vote involves participating in the electoral process through franchise, while the right to contest is an additional right subject to qualifications and disqualifications. The ruling addressed a dispute over eligibility conditions set by Rajasthan’s District Milk Producers’ Cooperative Unions for candidates seeking election to the Board of Directors.
In its decision, the Supreme Court overturned a previous ruling that had struck down the eligibility conditions, emphasizing that restrictions on candidature are not the same as restrictions on voting rights. The Court clarified that the impugned bye-laws only governed candidature and holding office, without affecting members’ voting rights. It underscored that statutory rights can be regulated by legislation for effective governance.
The Court concluded that statutory rights like the right to contest elections and vote can be restricted as per laws or regulations. It deemed the eligibility conditions valid and consistent with the cooperative societies’ statutory framework, allowing the appeal and reinstating the bye-laws.
