EC: Stop Netas from contesting from more than one seat
Regarding an affidavit filed in the Supreme Court by BJP leader Ashwini Kumar Upadhyay, the Election Commission (EC) of India has asked that candidates should be barred from contesting from more than one constituency. This is because if the candidate wins both seats, it necessitates a by-poll, which leads to unnecessary expenditure. The SC has now asked the Centre to respond to this affidavit.
What did the EC argue?
Arguing for the provision, the EC informed SC that it had proposed this amendment to the Representation of People Act way back in July 2004, as an "urgent electoral reform." EC said the law should be amended to prohibit a person from contesting from more than one constituency at a time. Meanwhile, Upadhyay has asked SC to strike down this section as unconstitutional.
If the present provision is retained, EC has a suggestion
EC further suggested that a candidate should deposit Rs. 5 lakh for contesting in two constituencies in an Assembly election and Rs. 10 lakh in a general election. This money can be used to conduct the by-election in the eventuality that he/she relinquishes one seat.
Incidentally, many notable leaders have used this provision as insurance
Interestingly, many senior leaders have exploited this provision. PM Narendra Modi won both Vadodara and Varanasi in 2014 LS elections, but retained the latter. In the same polls, SP chief Mulayam Singh won both Azamgarh and Mainpuri seats. In 1980, Indira Gandhi had contested from both Rae Bareli and Medak.