Consider the following statements:

1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.
2. In the 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.
3. As per the existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her winning in all the constituencies.

Which of the statements given above is/are correct?

1. 1 only
2. 2 only
3. 1 and 3
4. 2 and 3

Explanation

Statement 1 is incorrect

• The original Representation of the People Act (RPA), 1951, allowed a person to contest elections from more than one seat under Section 33, while Section 70 prevented the individual from holding more than one seat in state or central legislatures if elected from multiple constituencies.
• In 1996, an amendment introduced a sub-section, 33(7), specifically allowing a candidate to contest from up to two constituencies, addressing the prior absence of restrictions on the number of constituencies from which a candidate could contest.
• However, even under this provision, if elected from both constituencies, the candidate must vacate one seat, as stipulated by Section 70 of the Act.

Statement 2 is correct

• In 1991, Haryana deputy chief minister Devi Lal contested three Lok Sabha seats. He lost them all.

Statement 3 is incorrect

• Although the Election Commission has proposed that candidates should bear the cost of by-elections if they vacate a seat after winning from multiple constituencies, this is not a rule under the existing law.
• The Law Commission has agreed with the proposal to bar a person from contesting more than one seat at a time but has not endorsed the alternative proposal that winning candidates also shoulder the cost of ensuing by-elections.

Answer: (X) Dropped