Plea to recover Poll costs from dual-seat candidates dismissed by High Court

The Madras High Court has dismissed a petition seeking directions to the Election Commission of India to mandate candidates contesting from two constituencies to furnish a guarantee bond for reimbursing election expenses if they resign from one seat.
The petition was filed by Mani from Madurai’s Melur, contending that candidates contesting both Assembly and Parliamentary elections in two constituencies often resign from one seat if they win both, necessitating by-elections and imposing additional financial burden on the government. The plea sought a direction to ensure such candidates bear the cost of the ensuing by-election.
A Division Bench comprising Chief Justice Sanjay Vijaykumar Gangapurwala Dharmadhikari and Justice G. Arul Murugan dismissed the petition, observing that the existing law permits candidates to contest from two constituencies.
The Bench also noted that the Supreme Court of India had earlier upheld the validity of the provision allowing candidates to contest from two seats and dismissed similar challenges.
In view of the settled legal position, the High Court rejected the plea.