A Supreme Court bench led by Chief Justice of India (CJI) Dipak Misra has sought the appearance of Attorney General (AG) KK Venugopal in a PIL seeking directions to restrict candidates from contesting from two constituencies simultaneously.
Proposals to amend Section 33(7) of the Representation of People Act (RPA) were sent to the government. It was accepted by Law Commission of India, but no reply from the Centre yet, the lawyer said.
The PIL has been filed by advocate and social-political activist Ashwini Upadhyay praying that Section 33(7) of the Representation of the People Act, 1951, which allows a person to contest a general election or a group of bye-elections or biennial elections from two constituencies, be declared ultra-vires to the Constitution and its basic structure.
The bench, comprising Justice AM Khanwilkar and Justice DY Chandrachud, sought the appearance of the AG after the Election Commission of India (ECI) told the bench that proposals have been sent twice to the government – one in 2004, and then in December 2016 for amendment in the election law.