Can Rahul Gandhi Represent Both Rae Bareli and Wayanad? Constitutional Experts Say NO; Here’s What Happens Next
Congress leader Rahul Gandhi won both seats-- Rae Bareli in Uttar Pradesh and Wayanad in Kerala, in the recently concluded Lok Sabha Election 2024, the results of which were declared on June 4.
Lok Sabha Election Result 2024: Rahul Gandhi emerged as one of towering Opposition leaders in the Lok Sabha Election 2024, leading a vociferous poll campaign against the ruling BJP and incumbent Prime Minister Narendra Modi, and winning both Wayanad and Rae Bareli seats by a thumping margin.
However, can the Congress leader legally represent two constituencies? Constitutional experts say no, stating that Gandhi will have to mandatorily resign from one of the seats within two weeks of the election results, meaning he has a little under two weeks to decide whether to represent Wayanad in Kerala or family bastion Rae Bareli in the 18th Lok Sabha.
Talking to news agency PTI, former Lok Sabha secretary general and constitutional expert PDT Achari noted that any candidate who wins from two seats will have to forego one within 14 days of the election results.
The 17th Lok Sabha stood was dissolved by President Droupadi Murmu on the advice of the PM Narendra Modi-led Union Cabinet to dissolve the House to make way for the formation of the new Lok Sabha.
But even after the dissolution of the House, Rahul Gandhi can his resignation to the current Speaker Om Birla as he will continue to hold office till a pro-tem speaker is appointed for the 18th Lok Sabha, the Achari said, adding that in a scenario where posts of speaker and deputy speaker are vacant, the member can send his/her resignation directly to the Election Commission.
What happens if Rahul doesn’t resign?
In case Rahul Gandhi fails to resign from either of the two seats he has won, he will face the risk of losing both seats as there are provisions which can lead to his disqualification in such a scenario.
The Representation of the People Act, 1951, allows a person to contest a general election or by-elections or biennial elections from a maximum of two constituencies but the candidate can retain only one and has to resign from the other.
Before a 1996 amendment in the electoral laws, there was no bar on the number of seats a person could contest.
Notably, the Election Commission has been urging the government to amend laws to bar people from contesting from two seats or, at least as a deterrent, ask a candidate who vacates a seat necessitating a bypoll to deposit an “appropriate” amount in the state coffers.
Lok Sabha Election Result 2024
The Congress won 99 seats in recently announced Lok Sabha Election results, with Rahul Gandhi bagging both Rae Bareli and Wayanad constituencies by a hefty margin of over 3 lakh votes. The Congress-led INDIA bloc collectively bagged 233 seats while the ruling BJP-led NDA alliance secured a total of 293 seats, comfortably crossing majority mark of 272.
The BJP’s tally depleted to 240 seats, well short of the majority mark, however, it is still the single-largest party with 141 seats more than its nearest rival Congress.
Results for the Lok Sabha Election 2024 were declared on June 4.
(With inputs from agencies)
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