Can a Person be MLA from Two Different Constituencies?
According to the Indian Constitution and the Representation of People Act (RPA) 1951, it is not possible for a single person to hold two seats as Member of the Legislative Assembly (MLA) simultaneously. This article aims to clarify the legal framework and the nuances around this issue, exploring why multiple contestations at different constituencies remain an option and the consequences if one fails to comply.
The Legal Framework
The Representation of People Act 1951 governs the rules of election in India. Specifically, Section 337 of the RPA allows a candidate to contest elections at two different constituencies (constituencies are electoral districts). However, the actual sitting of an MLA in two constituencies is prohibited by Articles 190 and 101 of the Constitution of India, as well as Section 70 of the Representation of People Act 1951.
Consequences of Holding Two Seats
Section 70 of the RPA 1951 explicitly states that if a person is elected to more than one seat, they must resign from all but one of the seats unless they communicate this within 10 days as per Section 68. For legislative assemblies, the prescribed time is 14 days, as per Rule 91(1)A of the Conduct of Elections Rules 1961.
The failure to communicate or declare resignation within the prescribed period will result in both the seats becoming vacant and necessitate a re-election.
Nomination and the Role of Democracy
It is worth noting that the option of contesting from two constituencies is not a blanket endorsement of holding multiple seats. Section 33 of the RPA 1951 restricts the total number of nomination papers a person can be nominated for, thereby ensuring that the nomination process remains democratic and accountable.
This allows the nomination of a person as an MLA candidate in more than one constituency, reflecting the democratic principle where the people of each constituency decide to contest.
Frequently Asked Questions
Why Are Multiple Contestations Allowed?
The RPA 1951 allows a candidate to contest from multiple constituencies to reflect the democratic principle of free and fair elections. However, the actual sitting of an MLA from two constituencies is not possible due to the constitutional and statutory limitations.
What Happens If One Does Not Resign?
Non-resignation within the prescribed period results in both seats becoming vacant. This is to ensure that the elected person holds valid and legitimate representation in the legislative assembly or parliament.
Conclusion
In summary, a person cannot be an MLA from two different constituencies simultaneously due to constitutional and legal limitations. However, a candidate can contest from multiple constituencies but must comply with the statutory requirements to avoid both seats becoming vacant and necessitating a re-election.
Further Reading
For a more comprehensive understanding, you may refer to the following:
Krishnarpanamastu (Explore the context and implications further)This article ensures clear understanding and SEO optimization, providing a user-friendly experience for readers interested in the legal intricacies of election rules in India.