New Delhi, Citing law as well as provisions of the Constitution, a constitutional expert has said that Congress leader Rahul Gandhi will have to resign within two weeks from one of the two seats he won in the recently held Lok Sabha elections.
Former Lok Sabha General Secretary and constitutional expert PDT Achari said that any candidate who wins from two seats will have to give up one seat within 14 days of the election results.
Even after the dissolution of the 17th Lok Sabha, Gandhi can send his resignation to the current Speaker Om Birla as he will continue to hold the post till the Protem Speaker is appointed for the 18th Lok Sabha.
The 17th Lok Sabha was dissolved on June 5 after President Draupadi Murmu accepted the advice of the Union Cabinet to dissolve the House to form a new Lok Sabha.
Achari said that in case the posts of Speaker and Deputy Speaker become vacant, members can send their resignations to the Election Commission.
If a member fails to resign from one of the two seats, he risks losing both seats.
Congress's tally in the new Lok Sabha has increased to 99, with Gandhi winning from Wayanad in Kerala and Rae Bareli in Uttar Pradesh.
The Election Commission is pressuring the government to amend the laws to prevent people from contesting from two seats, or at least as a deterrent, to the state exchequer if the candidate vacates the seat requiring a by-election. Ask for a “reasonable” amount to be deposited.
The Representation of the People Act, 1951, allows a person to contest a general election or by-election or biennial election from a maximum of two constituencies, but a candidate can retain only one.
Before the amendment of electoral laws in 1996, there was no restriction on the number of seats a person could contest.
Former Lok Sabha General Secretary and constitutional expert PDT Achari said that any candidate who wins from two seats will have to give up one seat within 14 days of the election results.
Even after the dissolution of the 17th Lok Sabha, Gandhi can send his resignation to the current Speaker Om Birla as he will continue to hold the post till the Protem Speaker is appointed for the 18th Lok Sabha.
The 17th Lok Sabha was dissolved on June 5 after President Draupadi Murmu accepted the advice of the Union Cabinet to dissolve the House to form a new Lok Sabha.
Achari said that in case the posts of Speaker and Deputy Speaker become vacant, members can send their resignations to the Election Commission.
If a member fails to resign from one of the two seats, he risks losing both seats.
Congress's tally in the new Lok Sabha has increased to 99, with Gandhi winning from Wayanad in Kerala and Rae Bareli in Uttar Pradesh.
The Election Commission is pressuring the government to amend the laws to prevent people from contesting from two seats, or at least as a deterrent, to the state exchequer if the candidate vacates the seat requiring a by-election. Ask for a “reasonable” amount to be deposited.
The Representation of the People Act, 1951, allows a person to contest a general election or by-election or biennial election from a maximum of two constituencies, but a candidate can retain only one.
Before the amendment of electoral laws in 1996, there was no restriction on the number of seats a person could contest.
