Rules on contesting seats
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- According to the Representation of the People Act (RPA), 1951, a candidate is permitted to contest an election from up to two constituencies, but he or she can hold only one seat at a time if elected from both.
- A sub-section, 33 (7), of the RPA, allowing a candidate to contest from two seats, was introduced through an amendment in 1996, prior to which there was no bar on the number of constituencies from which a candidate could contest.
- However, Section 70 of the same Act stipulates that a candidate can hold only one seat at a time, regardless of whether he or she has been elected from more than one seat.
- Thus, if a candidate wins from two seats, a byelection is necessary from the seat he or she vacates.
- Moreover, a person has to be a voter in a particular State to contest Assembly polls from there.
- But to contest in a Lok Sabha election, a person can be registered as a voter in any constituency of the country. If a person is a registered voter in any constituency, he or she can contest from any seat in India, except Assam, Lakshadweep and Sikkim.
What is the minimum age to contest?
- The minimum age for a person to contest Lok Sabha and Assembly polls is 25 years, while one can become a member of the Rajya Sabha or the State Legislative Council only at 30 years.
- There is no minimum educational qualification needed to contest general elections in India.
- Candidates must be citizens of India, registered in some constituency of the country as a valid voter and must not have been convicted of any offence punishable by more than two years.
How can a candidate be disqualified?
- A person shall be disqualified from being chosen as or being a member of either House
- if he holds any office of profit under the Government of India or the Government of any State;
- if he or she is of unsound mind and stands so declared by a competent court;
- if he or she is an undischarged insolvent;
- if he or she is not a citizen of India or has voluntarily acquired the citizenship of a foreign state.
- Under the RPA Act, if a person is convicted of any offence and sentenced to an imprisonment of two years or more, this will lead to his disqualification to contest elections.
- Even if this person is out on bail, after the conviction and his appeal is pending for disposal, he or she is disqualified from contesting an election.
- For some categories of serious offences, one may incur disqualification for any conviction, regardless of the quantum of punishment.
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