SUPREME COURT DISMISSES CHALLENGE TO SEC 33(7) RP ACT: FOR PARLIAMENT TO DECIDE WEATHER TO ALLOW CANDIDATES TO CONTEST TWO SEATS
The Daily Guardian|February 04, 2023
The Supreme Court in the case Ashwini Kumar Upadhyay vs Union of India observed and has dismissed the PIL challenging the constitutionality of Section 33(7) of the Representation of Peoples Act 1951, wherein it is allowing a candidate to contest from two seats in elections.
SUPREME COURT DISMISSES CHALLENGE TO SEC 33(7) RP ACT: FOR PARLIAMENT TO DECIDE WEATHER TO ALLOW CANDIDATES TO CONTEST TWO SEATS

The bench comprising of Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala was hearing the present matter of legislative policy, the PIL was filed by Ashwini Upadhyay. The said provision was challenged before the court as unreasonable and arbitrary for creating extra burden on the public exchequer as bye-elections will invariably follow because candidates have to give up one seat in case they win from both the seats.

The bench in its order stated while permitting a candidate for contesting for more than one seat is a matter of legislative policy since ultimately it is the will of the parliament on whether the political democracy is furthered by granting such choice.

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