Bar & Bench (www.barandbench.com)
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Hence, the petitioner has challenged the Impugned Notification on the
following grounds,
(i) That Impugned Notification is arbitrary and liable
to be set aside insofar as the same is illegal and
unconstitutional.
(ii) That the Impugned Notification is a violation of
the Petitioner's fundamental rights guaranteed under
Articles 14, 19 & 21 of the Indian Constitution.
(iii) That the Impugned Notification is liable to be set
aside in so far as the Impugned Notification actively
discriminates against independent candidates like the
Petitioner herein. While major political parties have the
financial bandwidth necessary to conduct and compete in
re-elections, independent candidates like petitioner will
not have the financial capacity to take part in the electoral
process once again. The petitioner is a man of meagre
means and has taken part in the electoral process at his
own expense and cost, and cannot be made to suffer due to
the alleged corrupt actions of another. Therefore, the
Impugned
Notification
is
discriminatory
against
independent candidates like the Petitioner, is a colourable
exercise of power that falls afoul of Article 14 of the
Constitution and is liable to be set aside.
(iv) That the Impugned Notification is liable to be set
aside in so far as it fails to achieve the objectives of
preventing corrupt practices, and in fact enables them. It is
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humbly submitted that if elections are rescinded on the