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Delhi BJP leader moves SC seeking ban on candidates contesting polls from more than 1 constituency

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[vc_row][vc_column][vc_column_text]The PIL says practice of candidates contesting from two constituencies is in violation of Constitution and an injustice to voters

Prime Minister Narendra Modi may have contested and won from two Parliamentary constituencies in 2014 – Benaras and Vadodara – and then vacated the latter but the practice of politicians contesting from two constituencies both in federal and provincial elections has irked a spokesperson of the Delhi unit of the BJP.

Advocate and Delhi BJP leader Ashwini Kumar Upadhyay, on Friday, filed a public interest litigation (PIL) in the Supreme Court seeking to restrict candidates from contesting elections for the same office simultaneously from more than one constituency.

The PIL has also sought a direction to the Centre and the Election Commission of India (ECI) to take appropriate steps to discourage independent candidates from contesting Parliament and state assembly elections.

Upadhyay has sought directions from the apex court to declare as invalid and ultra-virus section 33(7) of the Representation of the People (RP) Act, which allows a person to contest a general election or a group of by-elections or biennial elections from two constituencies.

“When a candidate contests from two seats, it is imperative that he has to vacate one of the two seats if he wins both. This, apart from the consequent unavoidable financial burden on the public exchequer, government manpower and other resources for holding bye-election against the resultant vacancy, is also an injustice to the voters of the constituency which the candidate is quitting from,” the PIL states.

Upadhyay say that in July 2004, the then Chief Election Commissioner had urged the then Prime Minister for amendment of Section 33(7) of the RP Act to provide that a person cannot contest from more than one constituency for the same office simultaneously.

“The ECI alternatively suggested that if existing provisions are retained, then the candidate contesting from two seats should bear the cost of the by-election to the seat that the contestant decides to vacate in the event of his/her winning both seats,” the BJP leader’s petition states. It adds that the Centre has not taken appropriate steps on the suggestions of the former CEC till date.

It also sought to discourage independent candidates from contesting elections, saying they were often connected with the issue of “fragmented voting” and instability in the electoral system.

The PIL argues that the practice, which has been adopted in the past by several high-profile political leaders like Congress president Sonia Gandhi, Samajwadi Party patriarch Mulayam Singh Yadav, RJD chief Lalu Prasad Yadav and others, also violates Article 19 on the Constitution.

“Right to know is the fundamental right of every citizen under Article 19 of the Constitution. Citizens cast their vote after knowing the candidate’s character, qualifications, criminal record, etc. When a candidate contests from two seats, it is imperative that he has to vacate one of the two seats if he wins both,” the PIL states.

Upadhyay has claimed that the 170th and more recently the 225th report of the Law Commission as well as the Goswami committee report of 1990 have all endorsed the view that candidates should be allowed to contest only from one constituency in any given election and that the central government must amend the RP Act to facilitate this electoral reform.[/vc_column_text][/vc_column][/vc_row]

India News

Congress suspends 5 Haryana MLAs over cross-voting in Rajya Sabha polls

Congress suspends five Haryana MLAs for cross-voting in Rajya Sabha elections, citing serious indiscipline and anti-party activities.

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The Congress has suspended five of its MLAs in Haryana for cross-voting during the recent Rajya Sabha elections, taking disciplinary action over what it described as “anti-party activities”.

The move came after the state unit reviewed the conduct of certain legislators during the polls, where some were found to have voted against the party’s authorised candidate.

Five MLAs suspended after disciplinary process

According to party sources, the MLAs were issued show-cause notices seeking an explanation for their actions. After reviewing their responses, the Congress disciplinary committee recommended suspension.

The decision was approved by the party leadership, including Congress president Mallikarjun Kharge, and has been implemented with immediate effect.

Party calls it ‘grave indiscipline’

Haryana Congress chief Udai Bhan said the action was necessary to uphold party discipline, stressing that defying the official party line during elections weakens organisational unity.

He said the party takes such violations seriously and will continue to act against any form of indiscipline.

Leadership backs strict action

Senior Congress leader and Leader of Opposition Bhupinder Singh Hooda supported the decision, saying it was taken after due consideration.

He noted that while Rajya Sabha elections are conducted through an open ballot system, allowing legislators some flexibility, the party retains the authority to initiate internal disciplinary action in cases of deviation.

Background

The action follows cross-voting reported during the recent Rajya Sabha elections in Haryana, which led to internal concerns within the party. The development has highlighted organisational challenges and prompted the leadership to take corrective steps to reinforce discipline.

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Harivansh set to be elected Rajya Sabha Deputy Chairperson unopposed

Harivansh is set to be elected unopposed as Rajya Sabha Deputy Chairman after no opposition nominations were filed before the deadline.

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Former Rajya Sabha Deputy Chairman Harivansh is set to be re-elected to the same post unopposed in the election due to be held later today.
The date has been fixed by the Chairman under the relevant rules governing the conduct of business in the Upper House.
According to sources, the deadline for submitting motions for the election was 12 noon on April 16. A total of five notices were received within the stipulated time, all proposing Harivansh for the post.

Multiple nominations, single candidate
The motions were submitted by members across parties, including Jagat Prakash Nadda, Nitin Nabin, Nirmala Sitharaman, Sanjay Kumar Jha, and Jayant Chaudhary, each backed by seconding members.
All five motions explicitly state that Harivansh be chosen as the Deputy Chairman of the Rajya Sabha.

No opposition nomination filed

Notably, no motion was submitted by the Opposition before the deadline. This effectively clears the path for a unanimous election, as there is no contest for the position.
As per parliamentary procedure, motions will be taken up one by one. Once any one motion is adopted by the House, the remaining motions will not be put to vote.

Likely to be elected by voice vote
In line with established practice, the first motion — expected to be moved by Nadda — may be adopted through a voice vote. Following this, the Chairman will formally declare Harivansh as elected Deputy Chairman.
After the declaration, Harivansh will be escorted to the Chair by members from both the Treasury and Opposition benches, adhering to parliamentary convention.

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Amit Shah counters delimitation concerns, says southern states to gain Lok Sabha seats

Amit Shah assures Parliament that southern states will gain Lok Sabha seats after delimitation, countering opposition criticism during the women’s reservation debate.

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Amit Shah

Union Home Minister Amit Shah on Thursday addressed concerns over the proposed delimitation exercise, asserting in the Lok Sabha that southern states will not lose representation but instead see an increase in their number of seats.

His remarks came during a heated debate linked to the implementation of women’s reservation, where opposition parties have raised fears that population-based delimitation could reduce the political weight of southern states.

Shah rejected these claims, calling them misleading, and said the proposed framework ensures fairness while expanding the overall strength of the Lok Sabha.

Seat count to rise with expansion of Lok Sabha

The government has indicated that the total number of Lok Sabha seats could increase significantly as part of the delimitation process. In this expanded House, the combined representation of southern states is expected to rise from 129 seats at present to around 195 seats.

Shah emphasised that no state will lose seats in absolute terms, and the exercise is designed to reflect population changes while maintaining balance across regions.

State-wise projections shared in Parliament

During his address, Shah also provided indicative figures for individual southern states, suggesting notable increases in representation. According to the projections:

  • Tamil Nadu could see its seats rise substantially
  • Kerala, Telangana, and Andhra Pradesh are also expected to gain additional seats
  • Karnataka’s representation may increase as well

These figures were presented to counter the argument that delimitation would disproportionately favour northern states.

Political debate intensifies over linkage with women’s quota

The delimitation exercise has been closely linked to the rollout of women’s reservation, which proposes one-third seats for women in Parliament and state assemblies.

Opposition leaders have questioned this linkage, arguing that tying reservation to delimitation could delay its implementation and raise federal concerns. Some leaders have also warned that the move could impact national unity if apprehensions among states are not addressed.

The government, however, maintains that the reforms are necessary to ensure equitable representation and to align the electoral system with demographic realities.

Centre dismisses ‘false narrative’ on southern states

Shah reiterated that concerns about southern states losing influence are unfounded. He said the delimitation process will increase representation across regions and described the criticism as a “false narrative” aimed at creating confusion.

The issue is expected to remain a key flashpoint as Parliament continues discussions on the women’s reservation framework and related legislative changes.

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