Civil Petition No. 4682 of 2017 5 of a polling station were taken from him at gunpoint, which undoubtedly is a very serious matter and one which had affected the sanctity of the elections. The Presiding Officer had himself lodged the FIR. Therefore, to reestablish the sanctity of the ballot and the credibility of the elections the Election Commission ordered a re-poll of the voters registered at the said polling station the ballot papers of which were stolen. The Election Commission exercised its discretion to order re-poll, which was justifiable in the facts and circumstances of the case. The Election Commission is a constitutional body and unless it is shown that the jurisdiction and discretion exercised by it is illegal, mala fide, manifestly arbitrary or unjustifiable its working and decisions should not be interfered with. The Election Commission had ordered a re-poll in respect of a polling station because the Presiding Officer was robbed of the ballot papers cast at the polling station. The Election Commission exercised its discretion to order re-poll at such polling station, and the exercise of its discretion cannot be termed illegal, mala fide, manifestly arbitrary or unjustifiable. As regards the contention of the learned counsel for the petitioner, that no prior notice was issued to the petitioners before the issuance of the said notification, this was not necessary because admittedly a crime with regard to the theft of ballot papers had been committed which was reported to the police by the Presiding Officer, who was acting as an official of the Election Commission, and a case in this regard was registered. Moreover, the decision of the Election Commission, which is in the form of the said notification, can not be categorized as one adverse to the interest of the petitioners necessitating prior notice to them. The Election Commission acted to ensure that none of the candidates got any undue benefit nor were deprived of the votes