Candidates can contest polls from two constituencies

2023 FEB 3

Preliminary   > Polity   >   Election   >   Elections

Why in news?

  • The Supreme Court has refused to set aside a provision in the election law which allows candidates to contest polls from two constituencies simultaneously.

More about the case:

  • A petition was filed in the Supreme Court to declare Section 33(7) of the Representation of People Act invalid and ultra vires.
    • As per Section 33(7) of the RPA (Representation of the People Act), 1951, one candidate can contest from a maximum of two constituencies.

Argument for one-candidate-one-constituency restriction

  • When a person contests election from two constituencies and wins from both, then he/she/they vacates the seat in one of the two constituencies.
  • The consequence is that a by-election would be required from one constituency involving avoidable expenditure on the conduct of that by-election.

Election Commission’s suggestion:

  • The law should be amended to provide that a person cannot contest from more than one constituency at a time OR
  • The candidate should deposit an amount of ?5 lakh for contesting in two constituencies in an Assembly election or ?10 lakh in a general election. The amount would be used to cover the expenses for a by-election in the eventuality that he or she was victorious in both constituencies and had to relinquish one.

PRACTICE QUESTION:

Consider the following statements:

1. In a general election, a candidate can contest polls from any number of constituencies simultaneously

2. When a person contests election from two constituencies and wins from both, then he/she should vacates the seat in one of the two constituencies

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer

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