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Judgment
M. Katju and Rakesh Tiwari, JJ.—Heard learned counsel for the parties.
The prayer is that Section 33(7) of the Representation of People''s Act, 1951, be declared ultra vires. Learned counsel for the petitioner has further prayed that a person should not be permitted to contest the Parliamentary/ Assembly election from more than one constituency.
We are of the opinion that although a person can vote in an election only from one place, but there is no bar from his contesting election from two places.
Section 33(7) of the Representation of People''s Act states that a person shall not be nominated as a candidate in the election for Lok Sabha or Vidhan Sabha from more than two constituencies. Thus, there is already a restriction in the Representation of People''s Act. 1951, that a person cannot be a candidate for election from more than two constituencies. Earlier to this insertion of Section 33(7) of the Representation of People''s Act, by the Amendment in 1996, there was not even the restriction that a person cannot stand from three or more than three constituencies, and hence prior to 1996 a person could stand for election from unlimited constituencies. A restriction by inserting Section 33(7) in the Representation of People''s Act has already been introduced, and now nobody can stand from more than two constituencies. We feel that there is no unconstitutionality in Section 33(7) of the Representation of People''s Act, 1951.
Thus, there is no force in this writ petition.
The petition is, accordingly, dismissed.