Bar & Bench (www.barandbench.com) 25 issued only in circumstances contemplated under Section 58 and 58-A of the RP Act, 1951 exists. He further submitted that the Election Commission of India does not have the powers to countermand the elections in any other circumstances. He also contended that a reading of the entire recommendation would show that the allegations in the recommendation to rescind the election is directed only against one candidate. He submitted that for this purpose, the entire election need not be rescinded. He submitted that the consequences of corrupt practices are given in the RP Act, 1951. The Election Commission ought not to have countermanded the entire election. 19. Learned Senior Counsel further submitted that the entire allegation in the recommendation, dated 14.4.2019 is that the Election Commission of India has unearthed huge amounts of cash from a candidate belonging to a political party which was meant for distribution to the voters and this according to the Election Commission will have the effect of affecting the purity in elections. He submitted that an FIR has already been lodged and the candidate concerned will face trial. He further submitted that if the candidate is found to be guilty then he will be punished under the Penal Code and at the same time, will be debarred from contesting elections under Article 103 of the Constitution http://www.judis.nic.in

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