Patna High Court Denies Interim Bail for Election Campaign to Rit Lal Yadav

Court Emphasizes Statutory Limits on Election Rights Amid Criminal Charges

In a significant ruling, the Patna High Court has denied interim bail to Rit Lal Yadav, who sought release from custody to campaign for the upcoming Bihar Legislative Assembly elections. The judgment, delivered by Justice Arun Kumar Jha, underscores the statutory nature of election rights, distinguishing them from fundamental rights, and highlights the balance between individual rights and public interest.

Rit Lal Yadav, a sitting Member of the Legislative Assembly and a candidate nominated by a national party, petitioned the court to allow him provisional bail or custody parole to file his nomination and campaign in the elections. He is currently detained in connection with multiple serious criminal charges, including organized crime under sections of the Bharatiya Nyaya Sanhita (BNS).

The court, referencing Article 226 of the Indian Constitution, stated that this extraordinary jurisdiction cannot substitute for statutory remedies like regular bail under Section 439 of the Criminal Procedure Code (CrPC). The judgment noted that while Yadav had approached both the trial court and the High Court for regular bail, he failed to pursue these alternatives diligently.

Justice Jha emphasized that the right to contest elections or campaign is not a fundamental or constitutional right but a statutory one, subject to limitations imposed by law. The court observed that allowing interim bail for campaigning could lead to a floodgate of litigation, particularly for undertrial prisoners with criminal backgrounds, thereby impacting the integrity of the electoral process.

The court also referred to past decisions by the Supreme Court, reiterating that the right to vote or stand for election is a statutory right, subject to statutory limitations. It pointed out that criminal antecedents must be weighed against the public interest, which favors electing candidates with clean records.

In denying Yadav's petition, the court highlighted the need for a clean political process, asserting that democratic institutions should not be compromised by allowing individuals with serious criminal charges to exploit statutory rights for electoral gains. The decision reflects a broader judicial stance on maintaining the sanctity of elections and upholding the rule of law.

Bottom Line:

The right to contest elections or campaign during elections is not a fundamental right but a statutory right, and restrictions can be imposed by statutes - Interim bail for campaigning or canvassing in elections cannot be granted merely on the ground of participation in the democratic process, especially for individuals with criminal antecedents.

Statutory provision(s):  

- Article 226 of the Constitution of India  

- Section 439 of the Criminal Procedure Code (CrPC)  

- Section 62(5) of the Representation of the People Act, 1951  

- Sections 308(5), 111(2), 111(3), 339, and 3(5) of the Bharatiya Nyaya Sanhita (BNS)

Rit Lal Yadav @ Rit Lal Rai v. State of Bihar, (Patna) : Law Finder Doc Id # 2806200