Restriction on Number of Seats to Contest in Elections in India

Section 33(7) of the RPA permits a candidate to contest any election (parliamentary, assembly, biennial council, or bye-elections) from up to two constituencies, presumably to accord greater flexibility to candidates and increase their chances of winning a seat. Sub-section (7) was introduced through a 1996 amendment, prior to which there was no bar on the number of constituencies from which a candidate could contest; although the amendment did not explain the rationale for restricting the number to two.

However, section 70, RPA stipulates that a candidate can hold only one seat at a time, regardless of whether they have been elected to more than one seat. Thus, if a candidate wins from two seats, section 70 necessitates an unnecessary bye-election at the cost of the exchequer, effort of the ECI, and harassment of the electorate that has to vote again (which might reduced turn out due to election fatigue). Moreover, the cost of conducting a bye-election should not be underestimated.

ECI’s 2004 proposal states that the RPA should be amended to provide that a person cannot contest from more than one seat at a time has also been endorsed by the Goswami Committee in 1990, the 170th Law Commission Report in 1999, and the Background Paper on Electoral Reforms prepared by the Legislative Department of the Law Ministry in 2010.

Suggestion

Keeping in mind the election fatigue and the harassment caused to the voters, it has been widely suggested that section 33(7) should be amended to permit candidates to stand from only one constituency.