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Supreme Court of India 2023-02-02 dismissed

Ashwini Kumar Upadhyay vs Union of India and Another

Bench: 3 — Dhananjaya Y Chandrachud, Pamidighantam Sri Narasimha, J B Pardiwala

In Brief

A citizen challenged the constitutional validity of Section 33(7) of the Representation of the People Act 1951, which allows candidates to contest from multiple constituencies in a single election. The petitioner argued that when a candidate wins multiple seats, vacating one triggers a costly bye-election, depriving voters of representation. The Supreme Court dismissed the petition, holding that permitting multi-seat candidacy is a matter of legislative policy within Parliament's constitutional authority. The Court found no fundamental rights violation or manifest arbitrariness warranting invalidation. The decision affirms Parliament's legitimate discretion to regulate electoral candidacy rules.

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Constitutional Law Electoral Law Representation of the People Act Fundamental Rights Parliamentary Elections Legislative Policy

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