Previous Year Question
Consider the following statements:
In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.
In 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.
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 in the event of him/her winning all the constituencies.
Which of the statement(s) given above is/are correct?
1 only
2 only
1 and 3
2 and 3
Correct Answer: B
Detailed Solution
Statement 1 is incorrect. Section 33(7) of the Representation of the People Act, 1951 limits the number of constituencies from which a candidate may contest in the same election.
Under the existing law, a candidate may contest from:
Not more than two parliamentary constituencies in a general election to the Lok Sabha.
Not more than two Assembly constituencies in a general election to a State Legislative Assembly.
Not more than two constituencies in simultaneous bye-elections.
The two-constituency limitation was introduced by the Representation of the People (Amendment) Act, 1996. Before that amendment, there was no corresponding restriction preventing a candidate from contesting more than two constituencies.
Statement 2 is correct. In the 1991 Lok Sabha election, Chaudhary Devi Lal contested from three parliamentary constituencies. This occurred before the two-constituency restriction was introduced in 1996.
Statement 3 is incorrect. Existing law does not require the political party of a successful candidate to bear the cost of the bye-election necessitated by the candidate vacating an additional seat.
If a candidate is elected from two constituencies, the candidate cannot continue representing both. Under Section 70 of the Representation of the People Act, 1951 and the relevant rules, one seat must be retained and the other vacated. A bye-election is then conducted for the vacant seat.
Proposals have occasionally been made to recover the cost of such a bye-election from the candidate or political party, but no such requirement exists in the form stated in the question.
The essential distinction is:
Contesting from three constituencies was possible in 1991.
The present law allows a maximum of two constituencies.
The political party is not legally required to pay the resulting bye-election expenditure.