CONTESTING SEATS - POLITY

News: What are the rules on contesting seats? | Explained

 

What's in the news?

       When Congress leader Rahul Gandhi announced that he would contest from Rae Bareli in Uttar Pradesh, questions were raised on why he took the decision after the Kerala election was over — he is a contestant from Wayanad too.

 

Cap on the Number of Seat Contested:

Provisions of the Representation of the People Act (RPA), 1951:

       According to the sub-section, 33 (7) of the Act, a candidate is permitted to contest an election from up to two constituencies, but he or she can hold only one seat at a time if elected from both.

       It was introduced through an amendment in 1996, prior to which there was no bar on the number of constituencies from which a candidate could contest.

 

Important Takeaways:

       However, Section 70 of the same Act stipulates that a candidate can hold only one seat at a time, regardless of whether he or she has been elected from more than one seat.

 

Concerns:

       Thus, if a candidate wins from two seats, a byelection is necessary from the seat he or she vacates.

 

Conditions for the Contesting Candidates:

       A person has to be a voter in a particular State to contest Assembly polls from there.

       To contest in a Lok Sabha election, a person can be registered as a voter in any constituency of the country.

       If a person is a registered voter in any constituency, he or she can contest from any seat in India, except Assam, Lakshadweep and Sikkim.

 

Minimum Age to Contest:

       The minimum age for a person to contest Lok Sabha and Assembly polls is 25 years.

       The minimum age for a person to contest Rajya Sabha and State Legislative Council is 30 years.

 

Other Provisions:

       There is no minimum educational qualification needed to contest general elections in India.

       Candidates must be citizens of India.

       He must be registered in some constituency of the country as a valid voter.

       He must not have been convicted of any offence punishable by more than two years.

 

Disqualification of the Candidate:

According to the Constitutional Provision:

A person shall be disqualified from being chosen as or being a member of either House

       If he holds any office of profit under the Government of India or the Government of any State.

       If he or she is of unsound mind and stands so declared by a competent court.

       If he or she is an undischarged insolvent.

       If he or she is not a citizen of India or has voluntarily acquired the citizenship of a foreign state.

 

According to the Legal Provision:

       Under the RPA Act, if a person is convicted of any offence and sentenced to an imprisonment of two years or more, this will lead to his disqualification to contest elections.

       Even if this person is out on bail, after the conviction and his appeal is pending for disposal, he or she is disqualified from contesting an election.

       For some categories of serious offences, one may incur disqualification for any conviction, regardless of the quantum of punishment.

 

Reforms by EC over the years:

The ECI has amended the rules for political party funding during elections.

       The new regulations include decreasing the cash donation limit from ₹20,000 to ₹2,000.

       The Electoral Bond Scheme, notified in January, 2018, allowing anonymous contributions to limit use of cash, was scrapped by the Supreme Court in 2024.

       For the 2024 polls, the ECI has banned cash transportation in bank vehicles after sunset.

       The Commission is also monitoring non-scheduled chartered flights for cash, liquor, and drug movement.