RAJA JOHN BUNCH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed in the public interest. The petitioner is an RTI activist and is a life member of the National Campaign for People's Right to Information. The petitioner challenges the constitutional validity of the provisions of Section 33 (7) of the Representation of the People Act, 1951 on the ground that these provisions are inconsistent with Article 101 of the Constitution. The petitioner also seeks a writ of mandamus to implement the recommendation which was made by the Election Commission of India to restrict a candidate from contesting an election from more than one constituency in a particular election. The petitioner further seeks a mandamus to recover the entire expenses incurred in a constituency in which a seat gets vacated as a consequence of a candidate resigning his seat. Finally, the petitioner seeks that guidelines be framed to debar every member from contesting an election for a stipulated duration upon resigning his or her seat.

(2.) Section 33 (7) of the Representation of the People Act, 1951 provides as follows:

(3.) Section 70 makes the following provisions: