Case Note & Summary
The petitioner, K. Mani, filed a pro bono publico writ petition under Article 226 of the Constitution of India before the Madras High Court, seeking a writ of mandamus directing the Chief Election Commissioner to obtain separate affidavits from candidates who are willing to file nomination, or who have filed nomination for more than one constituency. The affidavit would contain an assurance that if the candidate voluntarily resigns from any one constituency after the election, he or she would be liable to pay all election expenses incurred for that constituency before resigning. The petition was listed before a Division Bench comprising the Chief Justice and Justice G. Arul Murugan. On the date of hearing, there was no representation on behalf of the petitioner. The court examined the relevant legal provision, Section 33(7) of the Representation of the People Act, 1951, which explicitly provides that a person shall not be nominated as a candidate for election from more than two Parliamentary constituencies or, in the case of a general election to the Legislative Assembly of a State, from more than two constituencies. The court observed that the existing legal framework already restricts a candidate to contest from a maximum of two constituencies, and the petitioner's prayer for an additional affidavit requirement was not supported by any legal necessity. The court found no merit in the petition and dismissed it for non-prosecution. The judgment was delivered on 28 April 2026.
Headnote
A) Constitutional Law - Writ Jurisdiction - Pro Bono Publico Petition - Dismissal for Non-Prosecution - The petitioner, a pro bono publico litigant, sought a mandamus to compel the Election Commission to obtain affidavits from candidates contesting multiple constituencies, undertaking to pay election expenses upon resignation. The court noted no representation for the petitioner and found the petition lacked merit as Section 33(7) of the Representation of the People Act, 1951 already restricts a candidate to contest from a maximum of two constituencies. Held that the petition was dismissed for non-prosecution and lack of substance (Paras 1-4).
Issue of Consideration
Whether a candidate contesting from more than one constituency should be required to file a separate affidavit undertaking to pay election expenses if he/she resigns from one constituency after election.
Final Decision
The writ petition is dismissed for non-prosecution and lack of merit.
Law Points
- Section 33(7) of the Representation of the People Act
- 1951
- limits a candidate to contest from a maximum of two constituencies
- No further affidavit required beyond existing legal provisions
- Pro bono publico petition dismissed for lack of representation and merit
