• The government  objected to a plea to stop candidates from contesting from two different constituencies, saying such a limitation infringes on a person’s right to contest the polls and curtails the polity’s choice of candidates.

• The government told the Supreme Court that one-candidate-one-constituency restriction would require a legislative amendment.
• The government supported Section 33 (7) of the Representation of the People Act of 1951 which restricts candidates to contesting from two constituencies.
• Before the amendment, candidates could contest from any number of constituencies.
• A Bench is hearing the petition filed by advocate Ashwini Upadhyay seeking a declaration that Section 33(7) of the Representation of the People Act of 1951, which allows candidates to contest from two constituencies at a time, as invalid and unconstitutional.
• Petitioner  has asked the court to direct the Centre and the Election Commission to “discourage” independent candidates from contesting parliamentary and Assembly elections.

• The poll body informed the Supreme Court that it had proposed the amendment of Section 33(7) way back in July 2004.
• It was one of the 22 “urgent electoral reforms” the Election Commission had suggested to a Rajya Sabha Parliamentary Standing Committee.
• The poll body had pointed out that “there have been cases where a person contests election from two constituencies, and wins from both. In such a situation he vacates the seat in one of the two constituencies. The consequence is that a by-election would be required from one constituency involving avoidable labour and expenditure on the conduct of that by-election.”
• The EC concluded that the “law should be amended to provide that a person cannot contest from more than one constituency at a time.”
• The poll body suggested that a candidate should deposit an amount of Rs. 5 lakh for contesting in two constituencies in an Assembly election or Rs. 10 lakh in a general election.
• This would be used to conduct a by-election in the eventuality that he or she is victorious in both constituencies and has to relinquish one.

The Hindu