Bar & Bench (www.barandbench.com) 12 can be achieved by disqualifying just the concerned candidate. As such, the Impugned Notification contravenes Article 14 of the Constitution. (xiv) Impugned Notification also fails to achieve the objective of dissuading corrupt practices On the contrary, the present action may set a precedent for the setting up of dummy candidates who may openly propagate corruption with the objective of having an election cancelled with the sole intention of harming any candidate who has a certain chance of victory. The legislature, in its wisdom, has penalized corrupt practices by any candidate by imposing sanctions against the said candidate. The Impugned Notification, in so far as it seeks to penalize all candidates for the same, is manifestly arbitrary and unjust. (xv) Impugned Notification also occasions grave losses to the public exchequer, directly and indirectly, in so far as the amounts expended towards the conduct of the election as well as the time devoted by several government functionaries to carry out the same has been rendered worthless by the Impugned Notification. While the conduct of free and fair elections is no doubt the paramount consideration, the same can be achieved by disqualification in the present case, In such circumstances, the aforesaid wastage occasioned to the public exchequer is wholly needless and, as such, the Impugned Notification suffers from arbitrariness and lies in violation of Article 14 of the Constitution. http://www.judis.nic.in

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