Madras HC declines to intervene on dual candidature cost issue

CHENNAI: The Madras High Court has dismissed a petition seeking to impose a condition on candidates contesting in two constituencies to compensate the State for by-election costs upon resignation, noting that such a restriction cannot be introduced through judicial intervention when the law already allows dual candidature.

Lawyer K Mani from Melur Taluk in Madurai approached the HC with a plea that for the Assembly elections, some candidates in certain constituencies had filed nominations for more than one constituency.

After the results are announced, if they have succeeded in all the constituencies for which they filed nominations, they would resign from all except one constituency. The State government must then conduct another election for that particular constituency, and thereafter another candidate is elected through a by-election for the vacant constituency.

He stated that for the convenience of the candidate, the government must not spend public funds for such a by-election, which arises due to the personal interest of a particular individual. He added that those who have filed nominations for more than one constituency must furnish a separate undertaking, assuring that if he/she voluntarily resigns from any constituency after the election, he/she would be liable to pay all the expenses incurred for that particular constituency.

He had sent a representation to the Election Commission of India in March, but they did not consider his application.

When the matter was heard before Chief Justice SA Dharmadhikari and Justice G Arul Murugan, the bench observed that the existing legal framework permitted a candidate to contest from two constituencies. Taking note of the fact that a challenge to the validity of the said statutory provision had already been dismissed by the Supreme Court, the HC declined to entertain the plea and dismissed the petition.