Candidate should not contest elections from two seats: EC tells SC

NEW DELHI: The Election Commission has told the Supreme Court that a candidate should not be allowed to contest election from more than one constituencies and the existing law allowing politicians to fight polls from two seats be amended.

In an affidavit filed in the apex court, the commission said that Section 33(7) of the Representation of People Act be amended to restrict a politician to contest election from only one seat. The affidavit was filed in compliance with apex court’s order seeking its response on PIL challenging validity of the provision.

“When a candidate contests from two seats, it is imperative that he has to vacate one of the two seats should he win both. This, apart from the consequent unavoidable financial burden on the public exchequer and the manpower and other resources for holding bye-election against the resultant vacancy, would be an injustice to the voters of the constituency which the candidate is quitting from,” the commission said in its response.

It said, “There have been several cases where a person contests election from two constituencies and wins both. In such a situation he vacates the seat in one of two constituencies. The consequence is that a bye-election would be required for one constituency involving avoidable labour and expenditure on the conduct of that bye-election.”

The commission said in case the present provision is retained then there should be express provision in law requiring a person, contesting and winning from two seats, to bear the cost of the bye-election after he quits one constituency.

“The Election Commission proposed amendment of Section 33(7) in the year 2004 was to provide that a person cannot contest from more than one constituency at a time. However, in case the existing provisions are to be retained, a candidate contesting from two seats should bear the cost of the bye-election to the seat that contestant decides to vacate in the event of him/her winning both seats. The amount in such an event could be Rs 5 lakh for state assembly and Rs 10 lakh for general election,” the affidavit said.