Ashwini Kumar Upadhyay vs. Union of India and Another [Writ Petition (Civil) No 967 of 2017]

Permitting a candidate to contest from more than one seat in a parliamentary election is a matter of legislative policy

RELEVANT PARAGRAPH

12. Permitting a candidate to contest from more than one seat in a Parliamentary election or at an election to the State Legislative Assembly is a matter of legislative policy. It is a matter pertaining to legislative policy since, ultimately, Parliament determines whether political democracy in the country is furthered by granting a choice such as is made available by Section 33(7) of the Act of 1951. A candidate who contests from more than one seat may do so for a variety of reasons not just bearing on the uncertainty which the candidate perceives of an election result. There are other considerations which weigh in the balance in determining whether this would restrict the course of electoral democracy in the country. This is a matter where Parliament is legitimately entitled to make legislative choices and enact or amend legislation. The Law Commission and the Election Commission may at the material time have expressed certain viewpoints. Whether they should be converted into a mandate of the law depends on the exercise of Parliamentary sovereignty in enacting legislation. Absent any manifest arbitrariness of the provision so as to implicate the provisions of Article 14 or a violation of Article 19, it would not be possible for this Court to strike down the provision as unconstitutional.