The Supreme Court will on Monday hear a plea seeking a ban on contestants fighting elections from two seats. The bench, headed by Chief Justice Ranjan Gogoi, will hear the matter. The petition seeks to impose Section 33 (7) of the Representation of People Act. A demand has been made to declare such a contest as illegal.
Earlier, the Election Commission had supported the affidavit filed in the Supreme Court seeking a ban on a contestant fighting on more than one seat. The Commission had said in its affidavit that contesting on two seats and then leaving one seat after winning is like cheating the voters.
It had also said that in such a scenario, there is an added financial burden to hold the election too. The Commission had also suggested that in such circumstances, the person giving up the winning seats should pay for the re-election.
The petition has been filed by BJP spokesman and lawyer Ashwani Upadhyay wherein he has sought that the provision should be done away with as it leads to wastage of public money in getting an election conducted once again for the constituency which is left vacant by the winning candidate.
Earlier, the government had told the apex court that a candidate should be allowed to contest from two seats since this legal provision provides for wider choice to the polity as well as candidates.
Under the existing legal framework, a candidate is allowed to contest from up to a maximum of two constituencies in Lok Sabha and Assembly polls.