Ban People from Contesting from More Than One Seat or Impose Fine to Deter Practice: EC to Govt

Reviving an almost two-decade-old proposal, the Election Fee has made a contemporary push for amending regulation to bar folks from contesting from a couple of seat and has stated that if it can’t be achieved, then a hefty high quality needs to be imposed on these vacating one of many constituencies and forcing a bypoll. In a latest interplay with the Legislative Secretary within the Regulation Ministry, Chief Election Commissioner Rajiv Kumar made this push for the reform first proposed in 2004.

The Legislative Division is the nodal company within the authorities to take care of points associated to the EC. As electoral regulation stands right this moment, a candidate is permitted to contest an election from two totally different constituencies in a normal election or a bunch of bye-elections or biennial elections. If an individual is elected from a couple of seat, then the particular person can solely maintain on to one of many seats that she or he received. In 1996, the Illustration of the Individuals Act was amended to limit an individual from contesting polls from, greater than two seats. Earlier than the modification, there was no bar on the variety of constituencies from which a candidate may contest. The ballot panel proposed modification to sure sections within the RP Act in 2004 to offer that an individual can’t contest from a couple of constituency at a time. “Nevertheless, in case the present provisions are to be retained, a candidate contesting from two seats ought to bear the price of the bye-election to the seat that the contestant decides to vacate within the occasion of her or him profitable each seats,” a functionary stated citing the proposal.

The quantity of high quality then was proposed at Rs 5 lakh for state meeting and legislative council election and Rs 10 lakh for Lok Sabha election. The ballot panel believes the quantity needs to be appropriately revised. The Fee believes that when a candidate contests from two seats, it’s crucial that he has to vacate one of many two seats ought to he win each. This, other than the ensuing unavoidable monetary burden on the general public exchequer and the manpower and different sources for holding by-election in opposition to the resultant emptiness, could be an injustice to the voters of the constituency which the candidate is quitting from.

The Regulation Fee, which advices authorities on complicated authorized points, had supported the proposal of proscribing candidates from a couple of seat. Nevertheless, it had not endorsed the Fee’s various proposal to require profitable candidates to deposit an applicable amount of cash being the expenditure for conducting the elections.

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