As per the law under the section 33(7) of the Representation of the People Act, a candidate can contest from two seats. Recently the SC gave the ruling to examine this provision. This provision shall be done away with as :
- In case of winning from both seats as per section 70 of RoPA, the candidate has to leave one seat.
- If the dictum of ‘One person, one vote’ is the norm in democracy then ‘one candidate, one constituency’ should also be followed.
- It violates Citizen’s right to know under article 19 of the Constitution of India as citizens vote after knowing the candidate’s character, qualification and criminal records etc. and there is an element of betrayal when candidate vacates the seat later.
- There is also an additional financial burden on public exchequer, government manpower and other resources for holding a by-election against the resultant vacancy.
- This is also unfair to upcoming leaders, who have to vacate space so that the bigger leaders can get their second seats.
- It is discriminatory for independent candidates and candidates with relatively lower financial clout.