[rti4empowerment] HC seeks reply in PIL to stop contesting from multiple MLA/MP seats

 

HC seeks reply in PIL to stop contesting from multiple MLA/MP seats

The Lucknow Bench of the Allahabad High Court, today sought replies from the Ministry of Law and Justice and the Election Commission of India in the PIL filed by me and wife Nutan praying for complete ban on any persons contesting from more than one seat in the elections for Parliament and the State Assemblies.

After hearing the petitioners' counsel Asok Pande, Additional Solicitor General K C Kaushik for Union of India and Manish Kumar for the Election Commission, the bench consisting of Justice Imtiyaz Murtaza and Justice D K Upadhyaya issued notices to the respondents to file their reply with 6 weeks.

The PIL says that Section 33(7) of the Representation of Peoples Act 1951 permits a person to contest from two places in these elections. Before 1996, a person could contest from any number of seats.

As per us, this permission to contest and win in the same legislative body from two places is against the various constitutional provisions including Article 101 and 190 related with vacancies of seats in these legislative bodies because these Articles provide specific methods of vacation of seats, which does not include vacation of seats for being elected at two places in the same house, hence they prayed for declaring such multiple contests as ultra-vires to the Constitution.

Here is a copy of the PIL, for ur kind perusal and suggestions--

http://amitabhandnutan.blogspot.in/2014/03/copy-of-pil-to-stop-multiple-seat.html

Amitabh Thakur
# 094155-34526

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