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Constitutional · Reportable judgment

Ashwini Kumar Upadhyay vs Union of India and Another

Court
Supreme Court of India
Date
2 February 2023
Case No.
Writ Petition (Civil) No 967 of 2017
Result
Dismissed
Bench
D.Y. Chandrachud, Pamidighantam Sri Narasimha, J.B. Pardiwala
Citation
[2023] 5 S.C.R. 701 : 2023 INSC 94
Supreme Court Reports [2023] 5 S.C.R. 701 : 2023 INSC 94
Headnote

Representation of the People Act, 1951: s. 33(7) – Constitutional validity of –s. 33(7) permitting person to contest from more than one constituency for the same office simultaneously – Plea that a person should not be permitted to contest from more than one seat at a time – Held: Such relief cannot be granted – Permittinga 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 – Thisis a matter where Parliament is legitimately entitled to make legislative choices and enact or amend legislation – In absence of any manifest arbitrariness of the provision or violation of Art. 14 or Art. 19, not possible to strike down the provision as unconstitutional – However, the Parliament not restrained from taking an appropriate view if it decides to do so at any point of time in pursuance of its legislative authority– Constitution of India – Arts. 14, 19.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by DR. DHANANJAYA Y CHANDRACHUD, CJI 1. The petitioner has invoked the jurisdiction of this Court under Article 32 of the Constitution to challenge the constitutional validity of Section 33(7) of the Representation of the People Act 19511. 2. Apart from the above challenge, the petitioner seeks a direction to the Central government and the Election Commission of India to take appropriate steps to restrict any person from contesting an election for the “same office” from more than one constituency simultaneously. 3. At this stage, it would also be mat
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