The Supreme Court today directed that copies of a petition seeking to restrict a candidate from contesting from more than one constituencies simultaneously in an election, be served on the Attorney General and the Election Commission.
A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud asked the petitioner to serve the copy of the petition to the Attorney General for rendering assistance to it.
"Direct the Centre and the Election Commission to take appropriate steps to restrict people from contesting election for the same office from more than one constituency simultaneously," the plea filed by advocate Ashwini Kumar Upadhyay said.
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He has sought directions to authorities to take appropriate steps to discourage the independent candidates from contesting the Parliament and State Assembly election as suggested by National Commission to Review the Working of the Constitution (NCRWC) and Election Commission of India.
Upadhyay has said the question of independent candidates is often connected with the issue of fragmented voting and instability in the electoral system and referred to the Law Commission's 170th report which said the time is now ripe for debarring independent candidates from contesting Lok Sabha elections.
"Similarly, the NCRWC has recommended discouragement of independent candidates, who are often dummy candidates or defectors from their party or those denied party tickets," it said.
The petition said that in 2004 the Chief Election Commissioner had urged the Centre for amend the Act to provide that a person cannot contest from more than one constituency for the same office simultaneously.
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