ASHWINI KUMAR UPADHYAY versus UNION OF INDIA AND ANOTHER

ASHWINI KUMAR UPADHYAY versus UNION OF INDIA AND ANOTHER

Section 33(7) of the Representation of the People Act, 1951, which permits a person to contest from more than one constituency (subject to the statutory limits) is a matter of legislative policy for Parliament; absent manifest arbitrariness or a violation of Articles 14 or 19, the Court will not declare the provision unconstitutional, and therefore the petition challenging Section 33(7) is dismissed.

Parties
Petitioner: Ashwini Kumar Upadhyay; Respondent: Union of India; Respondent: Election Commission of India
Jurisdiction
India
Judgment Date
02 February 2023
Procedural Posture
Writ Petition (civil) No. 967 of 2017 / Judgment (petition Dismissed)
Outcome
Writ petition dismissed
Legal Topics
Section 33(7) Representation of the People Act, 1951, Multiple Candidatures/more Than One Constituency, Fundamental Rights Articles 14 and 19, Bye Elections and Public Expenditure
Electoral Law Constitutional Law Section 33(7) Representation of the People Act, 1951 Multiple Candidatures/more Than One Constituency Fundamental Rights Articles 14 and 19 Bye Elections and Public Expenditure

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Parties

Ashwini Kumar Upadhyay

Petitioner

Union of India

Respondent

Election Commission of India

Respondent

Procedural Posture

Writ Petition (civil) No. 967 of 2017 / Judgment (petition Dismissed)

Legal Issues

  1. 1 Whether Section 33(7) of the Representation of the People Act, 1951 permitting a person to contest from more than one constituency for the same office simultaneously is constitutionally valid
  2. 2 Whether permitting a candidate to contest from more than one seat infringes Articles 14 or 19 of the Constitution
  3. 3 Whether the financial burden of consequent bye-elections and deprivation of representation justify striking down Section 33(7)

Ratio Decidendi

Section 33(7) of the Representation of the People Act, 1951, which permits a person to contest from more than one constituency (subject to the statutory limits) is a matter of legislative policy for Parliament; absent manifest arbitrariness or a violation of Articles 14 or 19, the Court will not declare the provision unconstitutional, and therefore the petition challenging Section 33(7) is dismissed.

Court Disposition

Writ petition dismissed

Orders

  • Writ petition dismissed
  • No relief granted