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Rules on contesting seats UPSC NOTE

 How many seats can a candidate contest? 

  • A sub-section, 33 (7), of the RPA, allowing a candidate to contest from two seats.

  • It was introduced through an amendment in 1996.

  • It prior to which there was no bar on the number of constituencies from which a candidate could contest

  • However, Section 70 of the same Act stipulates that a candidate can hold only one seat at a time.

  • Regardless of whether he or she has been elected from more than one seat

  • Thus, if a candidate wins from two seats, a byelection is necessary from the seat he or she vacates. 

  • Former Chief Election Commissioner N. Gopalaswami said the opposition to a candidate contesting from many seats was basically due to the fact that many by elections had to be conducted after polls were over.

When were the guidelines amended?

  • According to the Representation of the People Act (RPA), 1951.

  • A candidate is permitted to contest an election from up to two constituencies.

  • But he or she can hold only one seat at a time if elected from both.

How can a candidate be disqualified?

  • A person shall be disqualified from being chosen as or being a member of either House if he holds any office of profit under the Government of India or the Government of any State.

  • If he or she is of unsound mind and stands so declared by a competent court.

  • If he or she is an undischarged insolvent.

  • If he or she is not a citizen of India or has voluntarily acquired the citizenship of a foreign state.

  • Under the RPA Act, if a person is convicted of any offence and sentenced to an imprisonment of two years or more.

  • This will lead to his disqualification to contest elections

  • Even if this person is out on bail, after the conviction and his appeal is pending for disposal.

  • He or she is disqualified from contesting an election

  • For some categories of serious offences, one may incur disqualification for any conviction, regardless of the quantum of punishment.



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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Rules on contesting seats UPSC NOTE
Rules on contesting seats UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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