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SC rules enrolment in two constituencies is no bar on contesting elections

The Supreme Court has held that if a person's name figures in more than one constituency he is not automatically disqualified from contesting an assembly election in any of the constituencies.

''There is nothing to suggest in Section 16 of the Representation of Peoples Act, 1950 that if a person's name finds a place in more that one constituency that would automatically entail disqualification from contesting in any one of the constituencies,'' the court observed while dismissing an appeal against a Bombay high court judgment.

The high court, by the impugned judgement, had rejected the contention of Baburao, who as a candidate from the Nilanga constituency in Latur district in the 1995 Maharashtra assembly election was defeated by Manikrao, that the latter was disqualified to contest on the ground that his name was appearing in the electoral rolls of Nilanga as well as Latur assembly constituency.

A division bench of the Supreme Court comprising Justices Sujata V Manohar and Justice Venkataswami noted in its judgment that there was nothing to suggest in Section 16 of the act that if a person's name finds a place in more that one constituency, that would automatically entail disqualification from contesting in any one of the constituencies.

''It is relevant to note that Section 2(1)(e) of the act refers disqualification under Section 16 of the act alone while interpreting the word 'elector' and has not mentioned any contravention of Section 17 as disqualification. No doubt, Section 17 of the act expressly states that no person shall be entitled to be registered in the electoral roll of more than one constituency,'' the judges observed while upholding the impugned judgment, which held the nomination of the respondent as valid.

UNI

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