Adil Mohammed's Blog since 2009

Let us make the space we share better and bring the change we desire. Author is Indian Muslim, a Public Figure, Social Activist, Blogger and Media Personality. On mission to build a givers world rather than takers.

PIL seeking nominations from more than one seat “null and void” .

gavel-375x250A very relevant petition from Advocate  H K Naik urging direction to the EC by the SC and seek banning contesting by one candidate from more than one Constituency.

The Supreme Court on Friday sought response from Centre and Election Commission on a PIL seeking to declare as “null and void” the nomination papers of any candidate contesting election from more than one constituency.

 

A bench headed by Chief Justice P. Sathasivam and Justice N.V. Ramana issued notices to the Centre and the EC on the petition which also sought direction to candidates not to file nomination papers and contest election from more than one constituency for the same legislative body.

 

“Issue a direction that Section 70 of the Representation of Peoples Act is ultra vires to the Constitution of India.

 

“Issue a direction to the Election Commission to ask candidate to file affidavit to the effect that they are not contesting from any other constituency failing which their nomination may be rejected,” the petition, filed by advocate H.K. Naik, said.

 

According to Section 70 of the Representation of Peoples Act, “If a person is elected to more than one seat in either House of Parliament or in the House or either House of the Legislature of a State, then, unless within the prescribed time he resigns all but one of the seats [by writing under his hand addressed to the Speaker or Chairman, as the case may be, or to such other authority or officer as may be prescribed], all the seats shall become vacant”.

All these years leaders specially from the ruling Congress party did take this save route to escape anti incumbency times. This was done by Indira Gandhi, this is done by Sonia Gandhi in the past. There are talks of Sonia Gandhi contesting from Reibareli in UP and Medak in AP.

The BJP’s Candidate for PM Modi may take this route to secure a safe win. This is bad practice and puts the exchequer to loss of re election and burdens the voter to vote a second time again. Which in my opinion is ridiculous. I hope the SC will up hold the plea of the petition and direct the EC to this effect.

 

The petition also said that the nomination of the candidate be declared null and void if he files papers from more than one constituency simultaneously.

 

“Law speaks about the qualification of the candidate to contest but never speaks about whether a qualified candidate may file nomination for more than one constituency simultaneously

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This entry was posted on March 14, 2014 by in Election Commission and tagged , , , .

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