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Jyoti Basu & Others vs Debi Ghosal & Others on 26 February, 1982

4. The law as to the nature of elections and conduct of Election Petitions has been very succinctly stated by the Supreme Court in JYOTI BASU AND ORS. v. DEBI GHOSAL AND ORS . It is stated therein that it is not a common law right or a fundamental right. It is only a statutory right. A right to get elected and a right to dispute the election is controlled by the statute. Outside the statute there is no right to elect, no right to be elected and no right to dispute an election. Therefore, we have to examine the scheme of the Act in order to state whether the provisions of Order 1 Rule 10 in this case could have been invoked or not.
Supreme Court of India Cites 17 - Cited by 430 - O C Reddy - Full Document
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