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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not be rescinded.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
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