Section 33(7) of the Representation of the People Act

The Supreme Court on February 2 refused to set aside a provision in the election law that allows candidates to contest polls from two constituencies simultaneously.

  • This is a policy matter and an issue concerning political democracy. It is for the Parliament to take a call, a Bench led by CJI D.Y. Chandrachud observed.
  • The petitioner had sought a declaration that Section 33(7) of the Representation of the People Act is invalid.
  • Section 33 (7) of the Act allows a person to contest a general election or a group of by- elections or biennial elections from two constituencies.
  • The court chose to leave the issue to the wisdom of Parliament. “This is a matter of legislative policy, since ultimately it is Parliament’s will to see if a country can be granted such a choice. Hence, absent any manifest arbitrariness in the said provision, we cannot strike it down,” the top court noted.

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