Election Commission proposes banning people from contesting from more than one seat

The Election Commission of India (ECI) has made a fresh pela for amending law to bar people from contesting for more than one seat or impose a hefty fine on those vacating one of the constituencies and forcing a bypoll.

• In a recent interaction with the Legislative Secretary in the Law Ministry, Chief Election Commissioner Rajiv Kumar made this push for the reform first proposed in 2004.

2004 proposal

• The Election Commission proposed amendment to certain sections in the RP Act in 2004 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 by­poll.

• The amount of fine then was proposed at Rs 5 lakh for assembly and legislative council election and Rs 10 lakh for Lok Sabha election.

• The poll panel believes the amount should be appropriately revised.

Law Commission report

• The Law Commission, which advices government on complex legal issues, had supported the proposal of restricting candidates from more than one seat.

Representation of the People Act of 1951

• Under Section 33 (7) of the Representation of the People Act of 1951, a candidate is permitted to contest from two constituencies in a general election or a group of by-­elections or biennial elections.

• If elected from more than one seat, then the member can only hold on to one of the seats.

• In 1996, the Representation of the People Act was amended to restrict a person from contesting polls from more than two seats. Previously, there was no bar on the number of constituencies from which a candidate could contest.

• Under Sec 70 of RPA, 1951, if an individual is elected from more than one seats, he has to resign one seat within 14 days of the declaration of the result, failing which both his seats shall fall vacant. [Sec 70, RPA, 1951 read with Rule 91 of the Conduct of Elections Rules, 1961].

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