Govt backs option for poll contenders to fight from more than one seat

NEW DELHI: The Union government in an affidavit filed in the Supreme Court has supported the election law that permits one person to contest election from over one constituency simultaneously.

Opposing a Public Interest Litigation that seeks a ban on a candidate contesting an election from more than one constituency, the Centre says, the right to contest election from more than one seat, “provides for a wider choice to the polity as well as the candidate, and are in line with the democratic set up of the country”.

“Prior to the law in 1996 that allowed candidates to contest from two constituencies, there was no limit to the number of seats from which a candidate could contest an election. Therefore the law places a reasonable restriction on the right to contest elections,” reads the affidavit, a copy of which is available with the Hindustan Times.

Centre also dismissed the argument in the Public Interest Litigation that by-elections because of vacation of one seat by the winning candidate incur unnecessary expenditure on the exchequer.

“Balance has to be drawn between preserving the rights of the polity and the candidates on one hand, and the burden to the exchequer on the other. Legislature in its wisdom has taken has taken both into account and created a balance by virtue of section 33(7) and section 50 Representation of People Act.”

The affidavit filed by the ministry of law and justice takes a stand different from the Election Commission of India on the issue.

The poll panel had earlier this year, supported the Public Interest Litigation. It leads to a by-election after an aspirant wins both the seats.

Interestingly, the election commission in its affidavit in the supreme court supported the Public Interest Litigation saying, “The commission is of the view that the law should be amended to provide that a person cannot contest from more than one constituency at a time.”