JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, CJI.

1. The petitioner has invoked the jurisdiction of this Court under Article 32 of the Constitution to challenge the constitutional validity of Section 33(7) of the Representation of the People Act 1951.¹ [“Act of 1951”]

2. Apart from the above challenge, the petitioner seeks a direction to the Central government and the Election Commission of India to take appropriate steps to restrict any person from contesting an election for the “same office” from more than one constituency simultaneously.

3. At this stage, it would also be material to note that the third prayer, prayer (c), which sought a direction to the Union government and the Election Commission “to take appropriate steps to discourage independent candidates from contesting the Parliamentary and Assembly elections” was rejected by an order of this Court dated 11 December 2017.

4. The basis of the petition is that on 5 July 2004, the Chief Election Commissioner urged the then Prime Minister to amend Section 33(7) of the Act of 1951 insofar as it permits a person to contest from more than one constituency for the same office simultaneously. The petitioner urges that the Law Commission in i