Bar Election: Candidates can contest elections on more than one seat, Supreme Court dismisses the banning petition


The Supreme Court docket dismissed a petition looking for a ban on candidates contesting elections from multiple constituency concurrently.

Court docket mentioned, candidates can contest elections from totally different seats because of many causes

The court docket mentioned that it’s a matter of ‘legislative coverage’. A bench headed by Chief Justice DY Chandrachud mentioned that candidates can contest from totally different seats for numerous causes. The bench additionally included Justice PS Narasimha and Justice JB Pardiwala. The bench was listening to a plea by advocate Ashwini Kumar Upadhyay, looking for to declare Section 33(7) of the Illustration of the People Act, 1951, as unlawful and extremely vires the Structure.

Section 33(7) of the Illustration of the People Act, 1951 permits an individual to contest elections from two constituencies

Section 33(7) of the Illustration of the People Act, 1951 permits an individual to contest from two constituencies in anyone common election or a number of by-elections or biennial elections. The bench mentioned, permitting candidates to contest from multiple seat is a matter of legislative coverage because it finally is dependent upon the need of the Parliament to advance political democracy within the nation by giving such an choice.

This argument was given within the petition

Senior advocate Gopal Sankaranarayanan, showing for Upadhyay, argued that if a candidate contests from two seats and wins each, he has to surrender one seat after which a by-election is important and the exchequer should pay Rs. However there may be a further burden. He mentioned that earlier than an modification made in 1996, there was no restrict on the variety of seats candidates may contest. On this modification, this quantity was restricted to 2. The bench mentioned that it’s for the Parliament to resolve whether or not a candidate can contest from multiple seat or not.

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