The Supreme Court asked the Centre to respond to an affidavit filed by the Election Commission (EC) of India to amend the law to prevent candidates contesting from multiple constituencies.
The Supreme Court had in December 2017 issued notices seeking replies from the Election Commission and the Centre on the issue. At the time, the Supreme Court had said the practice of one candidate contesting multiple seats was a drain on the exchequer since it necessitated by-polls.
A petition has been filed in the Supreme Court challenging Section 33(7) of the Representation of the People Act of 1951 that allows a person to contest elections to Parliament and state assemblies from two constituencies and sought an end to the practice.
Political parties across the country field senior leaders from more than one seat in a bid to ensure victory. If they win from multiple seats, these leaders are then required to vacate other seats and continue to hold only one. This means a general election is usually followed closely by a by-election to the seats that have been vacated.
Section 33(7) of the Representation of People’s Act permits a candidate to contest any election (Parliamentary, State Assembly, Biennial Council, or by-elections) from up to two constituencies. The provision was introduced in 1996 prior to which there was no bar on the number of constituencies from which a candidate could contest.
One person, one vote & one candidate, one constituency is the dictum of democracy. However, as per the law, as it stands today, a person can contest the election for the same office from two constituencies simultaneously. When a candidate contests from two seats, it is imperative that he has to vacate one of the two seats if he wins both. This, apart from the consequent unavoidable financial burden on the public exchequer, government manpower and other resources for holding bye-election is also an injustice to the voters of the constituency which the candidate is quitting from.
The ECI has alternatively suggested that if existing provisions are retained then the candidate contesting from two seats should bear the cost of the bye-election to the seat that the contestant decides to vacate in the event of his/her winning both seats. The amount in such an event could be Rs 5 lakh for assembly election and Rs 10 lakh for parliament election.