The Supreme Court of India ruled on Friday that a candidate registered as a voter in multiple constituencies is not eligible to contest elections. This decision came as the Court dismissed an appeal from the Uttarakhand State Election Commission (SEC) which challenged a High Court interim order that had stayed its circular allowing such candidates to participate in panchayat polls.
The Supreme Court questioned the legality of the circular, stating, “How can you issue a circular that is contrary to statutory provisions?” The Court imposed a cost of Rs 2 lakh on the SEC for issuing the controversial directive.
The SEC’s circular had instructed returning officers not to reject nomination papers solely based on a candidate’s name appearing in the electoral rolls of more than one gram panchayat, territorial constituency, or municipal body. However, the Supreme Court bench, consisting of Justices Vikram Nath and Sandeep Mehta, clarified that the circular would not be implemented.
The High Court had previously stayed the SEC’s directive when a petitioner highlighted that allowing candidates registered in multiple voter lists to contest was in violation of sections 9(6) and 9(7) of the Uttarakhand Panchayati Raj Act, 2016. The High Court emphasized, “When the statute expressly prohibits registration of a voter in more than one territorial constituency or more than one electoral roll, the clarification given by the SEC appears to be directly contrary to this statutory bar.”
