'Legislative policy, Parliament sovereignty', SC declines to allow PIL to debar candidates from contest on two seats

A bench of Chief Justice and Justices P S Narasimha and J B Pardiwala said, 'Candidates may contest from different seats due to variety of reasons'

The Supreme Court on Thursday declined to consider a plea to debar a candidate from contesting simultaneously from two Assembly or Parliamentary constituency, saying it is a question of legislative policy falling in domain of Parliament sovereignty.

A bench of Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala said, "Candidates may contest from different seats due to variety of reasons. Whether this would further the course of democracy is up to the Parliament to decide".

The court also said permitting a candidate for contesting for more than one seat is a matter of legislative policy since ultimately it is the Parliament's will on whether the political democracy is furthered by granting such choice.

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The court declined to declare Section 33(7) of the Representation of Peoples Act 1951, which allows a candidate to contest from two seats in elections, as unconstitutional, for being arbitrary or violative of fundamental rights of the voters.

The PIL by advocate Ashwini Kumar Upadhyay relied upon the Law Commission's report to support his contention that allowing a candidate from two seats was an extra burden on exchequer.

The bench, however, said, “It is a policy matter, an issue of political democracy” and “It is for the parliament to take a call” on the issue.

During the hearing, the bench also told senior advocate Gopal Sankaranarayan, representing the petitioner, that the leader of a national party would also want to show his pan-India image and show that he can stand from west, east, north, and south India.

The bench also said there are historical figures who had that kind of popularity and there is no immorality in it.

"If Parliament wants to amend it can, and the court will not do it," the bench said.

The counsel said that the candidates willing to contest on two seats should be asked to deposit more, as in case of win from both the seats, the bypoll is required, putting an extra burden on public exchequer.

The court also noted before 1996, a candidate could contest from any number of seats. However, the law was amended in 1996 restricting this number of two.

"The Parliament may at a later time think it fit to further restrict the number and it can always amend the Act. However, a judicial interference is unwarranted," the court said.