Candidate Contesting Elections from Two Seats

Context (TOI I BS): Over the years, many recommendations have been made on restricting candidates from contesting elections from two seats.
The SC in 2023 dismissed a plea seeking direction that a candidate in an election cannot contest simultaneously from two constituencies.
In 20222, the Chief Election Commissioner asked the Ministry of Law & Justice to limit the number of seats a candidate can contest to one and implement one candidate in one constituency.

Section 33(7) of the RPA (Representation of the People Act), 1951: One candidate can contest from a maximum of two constituencies.
- Prior to the insertion of clause 7 in Section 33 in 1996, candidates could contest from several seats, but later, one person could contest only from two seats.
Candidates must vacate one seat if they emerge victorious in both, as established by the RPA,1951.

The RPA allows a person to contest in more than one constituency and also contest anywhere in the country he/she wishes to.
Amending section 33 (7) of the RPA, 1951, may infringe on the rights of candidates contesting elections and curtail the choice of candidates for the polity.
The RPA, 1951 provision provides for wider choice for the polity and the candidate and is in line with the country’s democratic setup.

Many politicians contest from more than one seat –
1. To divide the opponent’s vote,
2. To profess their party’s power across the country and
3. To cause a ripple effect in the region surrounding the constituencies in favour of the candidate’s party.

A leader can show that he/she has the support of the people across the country.
Parties often expect that having big names or well-liked leaders contest from more than one seat will convince more people to come out and vote.

Campaigning and contesting in multiple constituencies can be a waste of Resources and Money, both for the candidate and the government.
- After sacrificing one of the Constituencies, a by-election is immediately triggered, which again increases the burden on the Public Exchequer.

Repeated elections are not only unnecessary and costly, but they will also cause voters to lose interest in the electoral process.
- Fewer voters will most likely turn out to vote in the by-election than in the first election a few days earlier.

Running in multiple constituencies can create conflicts of interest, as the candidate may not be able to devote equal time and attention to each of their constituencies.

Section 33(7) of the RPA leads to a situation where it would be negated by another section of the same Act – specifically, Section 70.
While 33(7) allows candidates to contest from two seats, Section 70 bars candidates from representing two constituencies in the Lok Sabha/State Assembly.

Voters in different constituencies may be confused about which candidate is representing them or which candidate they should vote for.

Running in multiple constituencies can raise questions about a candidate’s motivation and create the perception of corruption, as they may seek multiple seats to increase their chances of winning.

Twin candidature can be seen as a threat to democracy, as it can undermine the principle of fair and equal representation.

The dictum of democracy is ‘one person, one vote’ and ‘one candidate, one constituency’.

The Election Commission (EC) recommended amending Section 33(7) so as to allow one candidate to contest from only one seat.
- It did so in 2004, 2010, 2016 and in 2018.
- The GoI has opposed EC’s proposal to bar a candidate from contesting from two assembly or Parliamentary constituencies during elections.
- In its 255th report, in 2015, the Law Commission agreed with the EC’s suggestion of one candidate for one seat.
A system should be devised where if a candidate wins in two constituencies, they will bear the financial burden of conducting a subsequent by-election in one of them
- The amount would be Rs 5 lakh for a Vidhan Sabha election and Rs 10 lakh for an LS election.