Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Representation of the People Act 1951: s. 33(7) – Constitutional validity of –s. 33(7) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Representation of The People Act, 1951 (43 of 1951) |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
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 – 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 – This is 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 |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2023 INSC 94 |
Petitioner | Ashwini Kumar Upadhyay |
Respondent | Union Of India And Another |
SCR | [2023] 5 S.C.R. 701 |
Judgement Date | 2023-02-02 |
Case Number | 967 |
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