Context: Amidst all the political debates, an important issue has escaped attention – the practice of One Candidate Contesting from Multiple Constituencies (OCMC) for the same office. 

Background

• The Constitution empowers Parliament to regulate the conduct of elections in India. 

• The Representation of the People Act (RPA), 1951 governs electoral contests under which;

• Until 1996, there was no limit on the number of constituencies a candidate could contest from in a single election.

• Parliament amended the Act, allowing candidates to contest from a maximum of two constituencies. 

• Despite these changes, the practice persists, particularly in State Legislative Assembly elections.

• Around 44 by-elections were held for State Assemblies in November 2024 due to legislators vacating seats.

Arguments against OCMC

• Increased Taxpayer Burden: The administrative cost of elections is substantial. By-elections, triggered by seat vacation, add further costs. This burden ultimately falls on taxpayers.

• Advantage to the Ruling Party: By-elections within six months disproportionately benefit the ruling party. Resources, patronage, and state machinery can be leveraged, creating an uneven playing field for the Opposition.

• Financial Pressure on Opponents: By-elections impose additional financial burdens on already defeated candidates and their parties, compelling them to spend resources on repeat contests.

• Undermining Democratic Principles: Contesting multiple constituencies becomes a hedging mechanism for leaders, focusing on political gains rather than public interest.

• Voter Discontent: Winning candidates vacating a seat disrupt voters’ expectations of representation. This causes voter dissatisfaction and erodes trust.

• Against fundamental right to freedom of speech and expression under Article 19(1)(a): A petition in Ashwini Kumar Upadhyay vs Union of India, 2023, argued that vacating a seat after winning violates voters’ trust and creates a constitutional anomaly.

Arguments in favour of OCMC

• Safety Net for Candidates: Contesting from multiple constituencies serves as a safeguard in tightly contested elections, ensuring candidates have a backup option.

• Global Precedent: Countries like Pakistan and Bangladesh also allow candidates to contest multiple constituencies, albeit with conditions to relinquish all but one seat.

Recommendations for Reform by Election Commission of India (ECI)

• Amend Section 33(7) of RPA, 1951 to ban candidates from contesting multiple constituencies.

• The 255th Law Commission Report (2015) also proposed the same.

• Recover Costs of By-elections: Impose the full cost of by-elections on candidates vacating a seat.

Conclusion

• By-elections consume significant financial and administrative resources, which could be redirected toward developmental priorities.

• While the concept of One Candidate, One Constituency (OCOC) aligns with core democratic principles like “one person, one vote,” its implementation requires political will and support from major parties.