The Chief Justice of India Dr. DY Chandrachud led bench dismissed a PIL challenging the constitutional validity of Section 33(7) of the Representation of People Act, 1951. Three Judges bench of the Supreme Court of which Justices PS Narasimha and JB Pardiwala are also members held that India is a democracy and it is for the Parliament to decide if a candidate could contest from two seats in one election.

The bench dismissed the petition by saying it is a policy decision and the court would not interfere with this. The PIL filed by advocate Ashwini Kumar Upadhyay challenged section 33(7) of the RP Act that it is unreasonable and arbitrary putting extra burden on the public exchequer as bye-elections will invariably follow because candidates have to give up one seat in case they win from both the seats.

Senior Advocate Gopal Sankaranarayanan, appearing for the PIL petitioner Upadhyaya argued that the recommendations made by the Law Commission of India for doing away with the provision. In this regard, the bench observed that it is the prerogative of the Parliament to act upon the recommendations of the Law Commission. A statutory provision cannot be struck down as unconstitutional on the basis of the recommendation of the Law Commission.

Case Details:-

W.P.(C) No. 967/2017

Ashwini Kumar Upadhyay Vs. Union of India