BackSC to hear plea against contesting elections from two constituencies
A PIL brought forth by BJP spokesperson Ashwini Kumar Upadhyay seeks quashing of provisions under Representation of People Act 1951 that allow a person to contest elections from two constituencies
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New Delhi: The Supreme Court on Monday agreed to hear a plea challenging the legal provision that allows an individual to contest elections simultaneously from two constituencies.
A bench headed by Chief Justice Dipak Misra sought attorney general K.K. Venugopal’s assistance in the matter. The bench will hear the matter on Tuesday.
The public interest litigation (PIL) brought by Bharatiya Janata Party (BJP) spokesperson and advocate Ashwini Kumar Upadhyay seeks quashing of provisions under the Representation of People Act, 1951 (RPA) that allow a person to contest election for the same office from two constituencies at the same time.
The petitioner argued that such provisions are “invalid and ultra vires the Constitution of India and its basic structure".
When a candidate contests from two seats, he has to vacate one of the two if he wins both.
This imposes a financial burden on the public exchequer, government manpower and other resources because by-elections have to be held in constituency that has been vacated.
It is also an injustice to the voters of the constituency which the candidate quits, the petition said.
The petition quotes the Law Commission’s 255th report as agreeing with the Election Commission’s suggestion to amend the Act in order to stop the practice.
Section 33(7) of the Representation of People Act permits a candidate to contest any election (Parliamentary, state assembly, biennial council, or byelections) from up to two constituencies, presumably to give greater flexibility to candidates and increase their chances of winning a seat.
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