Daijiworld Media Network - Bengaluru (SP)

Bengaluru, Apr 5: Even as assembly election in Karnataka is drawing nearer, debate on the provision that allows a candidate to contest from two constituencies at a time has been hotting up. In an affidavit filed in Supreme Court, the Central Election Commission (CEC) has firmly opined that candidates should not be allowed to fight from two constituencies simultaneously.

The proposal to ban people from contesting Lok Sabha and assembly election from more than one constituency simultaneously has been in discussion since the last several years. However, the debate that is now catching momentum is unlikely to have any impact on the assembly election as the court will be conducting hearing on the case from July this year.

The CEC is of the opinion that allowing a candidate to contest in two constituencies results in unnecessarily expenses for the commission. The candidates who come out victorious in both the seats are compelled to retain the constituency of their choice and resign from the other. This will mean injustice to voters who elected the candidate, the commission opines. It also has suggested that if a candidate is allowed to contest in two constituencies, and when he resigns from a particular constituency, he should be made to meet the expenses connected with holding of the re-poll.

The Election Commission has been reiterating the same stand on this issue since 2004. In 2016 too it had asked the government to bring an amendment to Representation of the People Act and ban people from contesting from two constituencies at a time.

In December 2017, Supreme Court advocate and BJP leader, Ashwini Upadhyaya, had filed application in Supreme Court, asking it to instruct the central government and Central Election Commission to ban people fighting from two constituencies together. The Supreme Court had asked opinions of the commission and central government. The CEC has filed affidavit now. On behalf of the central government, attorney general, K K Venugopal, presented himself in the court and sought time to spell out the stand of the central government, which appears to be yet to make up its mind on the stand it wants to take in this issue.

There have been instances of Biju Patnaik having fought from four assembly seats and a Lok Sabha seat in 1971. N T Rama Rao had fought 1983 assembly election from Gudiwada and Tirupati constituencies. In 1985, he entered the fray from three constituencies, all of which he won, and retained Hindupur constituency.

In the past, several leaders like Narendra Modi in 2014, Indira Gandhi in 1980, and Sonia Gandhi in 1999, had fought in two constituencies. While in some cases, this plan is envisaged as a face saver for the leaders in case they face defeat in the other constituencies, while in some cases, candidates enter the fray from another constituency to split votes. This time, JD(S) appears to be poised to field its state president and former chief minister, H D Kumaraswamy from Ramanagara and Channapattna constituencies.