SC notice to Centre & EC on PIL against candidates contesting two seats

The PIL had sought that the nomination of the candidate be declared null and void if he files papers from more than one constituency simultaneously

The Supreme Court today sought response from Centre and Election Commission on a PIL seeking to declare as "null and void" the nomination papers of any candidate contesting election from more than one constituency.

A bench headed by Chief Justice P Sathasivam and Justice N V Ramana issued notices to Centre and EC on the petition which also sought direction to candidates not to file nomination papers and contest election from more than one constituency for the same legislative body.

"Issue a direction that Section 70 of the Representation of Peoples Act is ultra vires to the Constitution of India.

"Issue a direction to the Election Commission to ask candidate to file affidavit to the effect that they are not contesting from any other constituency failing which their nomination may be rejected," the petition, filed by advocate H K Naik, said.

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 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".

The petition also said that the nomination of the candidate be declared null and void if he files papers from more than one constituency simultaneously.

"Law speaks about the qualification of the candidate to contest but never speaks about whether a qualified candidate may file nomination for more than one constituency simultaneously," it said.