- (1.) This petition has been filed in the public interest. The petitioner is an RTI activist and is a life member of the National Campaign for People's Right to Information. The petitioner challenges the constitutional validity of the provisions of Section 33 (7) of the Representation of the People Act, 1951 on the ground that these provisions are inconsistent with Article 101 of the Constitution. The petitioner also seeks a writ of mandamus to implement the recommendation which was made by the Election Commission of India to restrict a candidate from contesting an election from more than one constituency in a particular election. The petitioner further seeks a mandamus to recover the entire expenses incurred in a constituency in which a seat gets vacated as a consequence of a candidate resigning his seat. Finally, the petitioner seeks that guidelines be framed to debar every member from contesting an election for a stipulated duration upon resigning his or her seat.
(2.) Section 33 (7) of the Representation of the People Act, 1951 provides as follows: "(7) Notwithstanding anything contained in sub-section (6) or in any other provisions of this Act, a person shall not be moninated as a candidate for election,-- (a) in the case of a general election to the House of the People (whether or not held simultaneously from all Parliamentary constituencies), from more than two Parliamentary constituencies; (b) in the case of a general election to the Legislative Assembly of a State (whether or not held simultaneously from all Assembly constituencies), from more than two Assembly constituencies in that State; (c) in the case of a biennial election to the Legislative Council of a State having such Council, from more than two Council constituencies in the State; (d)in the case of a biennial election to the Council of States for filling two or more seats allotted to a State, for filling more than two such seats; (e) in the case of bye-elections to the House of the people from two or more Parliamentary constituencies which are held simultaneously, from more than two such Parliamentary constituencies; (f) in the case of bye-elections to the Legislative Assembly of a State from two or more Assembly constituencies which are held simultaneously, from more than two such Assembly constituencies; (g) in the case of bye-elections to the Council of States for filling two or more seats allotted to a State, which are held simultaneously, for filling more than two such seats; (h) in the case of bye-elections to the Legislative Council of a State having such Council from two or more Council constituencies which are held simultaneously, from more than two such Council constituencies. Explanation.--For the purposes of this sub-section, two or more bye-elections shall be deemed to be held simultaneously where the notification calling such bye-elections are issued by the Election Commission under sections 147, 149, 150 or, as the case may be, 151 on the same date."
(3.) Section 70 makes the following provisions: "70. Election to more than one seat in either House of Parliament or in the House or either House of the Legislature of a State--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.";