<p>The Supreme Court on Friday sought response from Centre and the Election Commission (EC) on a public interest litigation seeking cancellation of nomination papers of the candidates who contested from two constituencies in a legislative body.<br /><br /></p>.<p>A bench of Chief Justice P Sathasivam and Justice N V Ramana issued notice to the Union government and the poll panel on the petition filed by advocate H K Naik.<br /><br />The court, however, refused to issue any immediate direction on the plea of the petitioner that there should be direction to candidates against contesting from more than two seats.<br /><br />The petitioner urged the court to issue a direction that Section 70 of the Representation of Peoples Act was ultra-vires to the Constitution.<br /><br />He also wanted a direction to the EC to ensure that candidates would file affidavit stating they were not contesting from more than one constituency.<br /><br />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 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.”</p>
<p>The Supreme Court on Friday sought response from Centre and the Election Commission (EC) on a public interest litigation seeking cancellation of nomination papers of the candidates who contested from two constituencies in a legislative body.<br /><br /></p>.<p>A bench of Chief Justice P Sathasivam and Justice N V Ramana issued notice to the Union government and the poll panel on the petition filed by advocate H K Naik.<br /><br />The court, however, refused to issue any immediate direction on the plea of the petitioner that there should be direction to candidates against contesting from more than two seats.<br /><br />The petitioner urged the court to issue a direction that Section 70 of the Representation of Peoples Act was ultra-vires to the Constitution.<br /><br />He also wanted a direction to the EC to ensure that candidates would file affidavit stating they were not contesting from more than one constituency.<br /><br />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 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.”</p>
