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