Devadipta Das vs Union Of India WP(C) Diary 3169 Of 2024 – Right To Vote

Summary: Petitioner, a lawyer, seeks a declaration that the right to vote is a fundamental right which flows from Articles 14, 19 and 21 of the Constitution and also seeks a reference of the decision in Kuldip Nayar & Ors vs Union of India & Ors (2006) 7 SCC 1 : [2006] Supp. (5) S.C.R. 1 to a Bench of seven Judges- Dismissing Writ petition without expressing any opinion on the merits of the question sought to be canvassed, SC observed: In constitutional cases, the Court does not exercise its jurisdiction in the absence of a live issue – we do not find the existence of any live issue in relation to the petition which would warrant the exercise of the jurisdiction under Article 32 of the Constitution.

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